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UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


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(Lectures  by  Charles  Carter  before  the  Federated  Clubs  of    I 
Marshall  and  Harrison  County,  April  26,  1914). 


SUBJECT 

"Political  Science  or  the  Laws  Affecting  the  Rights,  Privileges  and 
Property  of  Women." 


Mrs.  President: 

Ladies  and  Members  of  the  Federated  Clubs  of  Marshall  and  Har- 
rison County. 

I  desire  to  thank  your  handsome  President  (1)  for  her  kind  intro- 
duction. When  I  received  from  her  and  Miss  Lane,  (2)  several  days 
ago,  the  invitation  extended  and  the  subject  assigned,  I  immediately 
congratulated  myself  upon  the  fact,  as  it  then  appeared,  that  they 
had  selected  for  me  the  easiest  subject  in  the  world. 

I  said  to  myself,  I  shall  just  tell  the  ladies  all  about  the  matter  in 
a  few  minutes,  telling  them  that  they  could  make  a  study  of  President 
Wilson's  Mexican  Diplomacy,  and  that  would  be  sufficient  for  an  il- 
lustration of  "Political  Science"  in  active  campaign,  and  then  refer 
them  to  what  "Portia"  said  and  did  in  her  legal  battle  before  the  Ve- 
netian Tribunals,  in  the  "Merchant  of  Venice,"  as  reported  by  Mr. 
Shakespeare,  and  that  would  be  sufficient  illustration,  of  the  rights 
and  privileges,  as  well  as  the  Power  of  women. 

However,  I  glanced  at  my  subject  again  and  it  seemed  to  have 
grown  just  a  little,  while  I  was  thinking,  and  that  made  me  turn  pale, 
for  I  had  heard  of  a  certain  subject  from  Arkansas,  a  pumpkin  vine, 
which  grew  from  a  tiny  plant,  at  such  a  rapid  pace,  that  it  finally 
outran  a  horse  going  at  full  speed. 

Being  now  alarmed,  I  looked  at  the  subject  again,  and  by  that  time 
it  had  filled  my  whole  head,  a  task  not  very  difficult  you  will  readily 
say,  and  then  it  filled  my  whole  heart  and  over-flowed;  it  then  filled 
the  whole  room,  and  in  an  instant  the  whole  city;  it  leaped  over  the 
"corporation"  line,  and  like  wild  fire  took  to  the  "tall  timber"  in  the 
country. 

Like  "chained"  lightning  it  filled  the  whole  of  Harrison  County, 
thirty  miles  square;  it  filled  the  great  State  of  Texas;  and  I  said, 
"What  a  wonderful  question  is  this,  that  so  rapidly  fills  such  an  Em- 
pire?" 

Even  as  I  thought,  the  subject  loomed  larger  and  larger;  with  the 
rapidity  of  thought,  it  swelled  to  the  "Frigid"  North;  it  swelled  to  the 
"Georgeous"  East;  it  swelled  to  the  "Golden"  West;  it  covered  the 
United  States  of  America,  and  the  Dominion  of  Canada,  and  as  I 
heard  the  restless  tides  of  the  angry  Seas,  I  said,  "Surely  this  growing 
question  will  be  stayed  by  their  proud  waves,"  but  ,with  "Seven 
Leagued  Boots,"  it  swelled  across  the  Atlantic;  it  swelled  across  the 
Pacific;  it  traversed  the  "Occident;"  it  swept  through  the  "Orient;"  it 
surged  from  Pole  to  Pole. 

In  my  despair,  I  then  cried  aloud,  "Oh,  where  are  the  bounds  of 
this  wonderful  question?"  But  no  answer  came  back,  except  the 
echo  of  my  own  despairing  cry,  as  the  waves  of  crystal  thought, 
surged  upwai'd,  and  on  and  onward,  to  break  upon  undiscovered  and 
unknown  shores." 


2  LECTURE 

The  question  now  appears  to  me  so  complex  that  I  should  have  re- 
quested further  time  for  preparation;  it  reminds  me  of  an  incident 
related  by  Mr.  RoUin,  the  Historian  (3).  He  relates,  that  the  King 
of  Syracuse  on  a  certain  occasion,  asked  the  Poet  Simonides  this 
question,  "What  is  God?" 

The  Poet  requested  a  day  in  which  to  return  his  answer;  on  the 
morrow  when  the  King;  sent  for  the  reply,  the  Poet  requested  two  days 
more;  that  being  granted  the  King  again  sent  for  the  reply,  and  the 
Poet  requested  four  days  in  which  to  answer,  and  as  often  thereafter 
as  the  King  sent  for  the  answer,  as  often  doubled  the  time;  the  King- 
however  became  impatient,  with  the  delay  and  sent  for  the  Poet  to 
appear  before  him  and  explain,  this  remarkable  conduct;  whereupon 
the  Poet  appearing  before  the  King,  justified,  says,  that  he  was  forced 
to  ask  for  such  time,  because  he  said  the  more  he  contemplated  the 
subject  the  "more  obscure  it  seems." 

However,  I  now  think  that  Mrs.  President  and  Miss  Lane  should 
have  given  me  a  real  easy  subject,  such  as,  "What  will  become  of  the 
old  Bachelor?"  For  I  could  tell  you  all  about  him  in  a  few  minutes, 
for  we  all  know  just  what  is  going  to  happen  to  him. 

The  old  Bachelor  will  sooner  or  later,  come  close  up  to  the  warm 
side  of  some  sweet  girl,  wearing  a  "slit  skirt,"  and  whose  ruby  lips  and 
rose  cheeked  face  is  a  dream  of  love;  there  will  then  be  heard  a  mighty 
sighing  in  the  land,  for  it  will  be  like  pouring  "acid"  on  cankered 
gold;  the  dross  will  be  burned  away  in  the  twinkling  of  an  eye,  and 
the  pure  gold  of  love  will  be  left;  there  will  be  a  few  "heart  to  heart" 
talks,  and  a  few  heart  to  heart  walks,  down  by  the  shady  dell,  at  twi- 
light's holy  hour,  when  the  gold  and  purple  of  dying  day  are  blending 
into  shadows;  there  will  be  also  heard  a  sound  like  the  "squeak"  of  a 
new  boot,  and  the  next  day  Mrs.  Emma  Long  (a)  will  issue  a  "Pair" 
of  Marriage  'Licenses,"  with  the  Great  Seal,  stamped  on  the  "afore- 
said and  the  same;"  and  then  the  Pastor  will  be  called  in,  and  a  little 
later,  it  shall  be  determined  to  have  been  an  exemplification  of  the 
laws  on  marriage,  where  it  reads,  "and  there  shall  be  weeping  and 
wailing  and  gnashing  of  teeth." 

This  same  old  bachelor  will  thereafter  be  always  able  to  tell  you 
in  the  most  eloquent  strains  all  about  the  "laws"  affected  "by  wo- 
men." 

In  my  despair  over  the  subject,  I  reached  up  and  pulled  down  from 
the  shelf  the  old  History,  and  slapped  the  dust  of  years  from  its  back. 
Opening  it  up,  I  said  "Tell  me  about  this  question,  if  you  please."  As 
I  read  turning  page  after  page,  the  subject  became  appalling,  as  the 
ebb  and  tide  of  the  human  race  passed  before  my  vision;  it  linked  the 
glories  of  the  past,  and  the  world's  crowning  honors  as  well  as  its 
darkest  tragedies  with  the  history  of  woman,  and  said  to  me, 
"The  History  of  woman  and  her  laws,  is  the  history  of  Civilization 
itself." 

I  said.  "What  a  truth;  what  a  stupendous  thought."  As  I  looked 
down  through  its  musty  pages,  I  saw  the  exemplification  of  this  truth, 
and  I  saw  that  Woman  is  the  living,  loving  chain,  which  binds  us  to 
the  eternal  past,  and  she  is  the  golden  clasp  which  binds  us,  as  we 
stand,  and  look  with  silent  awe  and  admiration  toward  the  "Coming 
Dawn." 

As  I  read  on,  page  by  page,  I  saw  the  rights  and  privileges  of  wo- 
men had  their  rise  beyond  the  "dawn"  of  History  itself,  and  that  the 
Historian,  the  measures  of  the  Poet  and  the  Pen  of  Romance,  had  been 
invoked,  to  record  their  proud  and  daring  achievements,  as  well  as  to 


LECTURE  3 

chronicle  the  melancholy  story  of  their  wrongs;  that  the  Sciences,  My- 
thology and  Religion,  were  but  parts  and  parcels  of  this  burning  equa- 
tion. 

As  I  looked  back  into  the  dim  twilight  of  mythical  belief,  I  saw  a 
conclave  of  the  Olympian  Gods,  (4)  where  the  brow  of  Jove,  was  cleft 
with  a  battle  ax;  and  forth  from  the  painless  wound,  sprang  Minerva, 
full  grown,  warlike  and  martial  in  her  posture,  clad  in  glittering  ar- 
mor, with  a  poised  spear  in  her  hand;  with  a  song  of  victory  on  her 
lips,  she  at  once  assumed  the  position  of  Mistress  of  the  needle  work 
and  household  duties.  I  said,  "What  a  wonderful  creation  of  thought." 
And  to  make  it  stranger  still,  she  was  supposed  to  be  also  Mistress 
of  defensive  warfare,  as  upon  many  occasions,  she  swept  with  bugle 
blast  and  battle  cry  in  irresistable  charge  bearing  the  Aegis  her  fath- 
er's shield. 

And  I  said,  "Here  is  the  law  of  the  household  and  needle  work, 
which  has  been  followed  for  ages  by  all  the  women,  and  here  is  also 
the  fountain  of  Inspiration  and  Equity,  where  the  "red  headed"  women 
of  Arkansas  and  England,  get  their  martial  and  warlike  valor." 

Atalanta  (5)  a  maiden  who  lived  in  the  dim  and  distant  past,  was 
the  fleetest  runner  of  all  time;  she  had  the  speed  of  the  wind;  not 
wishing  to  marry  she  made  it  a  condition,  that  the  lover  who  should 
win  her  hand,  should  defeat  her  in  a  foot  race;  the  condition  was  furth- 
er coupled  with  the  terrible  decree,  that  in  striving  and  failing,  the 
lover  should  forfeit  his  head. 

Five  lovers,  each  as  fleet  as  scientific  training  could  make  them, 
tried  the  race  and  each  being  defeated,  paid  the  forfeit  with  his  head. 

Hippomenes,  being  in  love  with  the  maiden,  looked  with  dismay 
at  the  lot  of  the  defeated,  but  like  all  lovers  determined  to  try  his 
fortune  in  the  race,  let  the  consequences  be  what  they  may.  He  was 
a  wise  youth,  however,  and  appealed  to  Venus,  a  lovely  being  who  then 
as  well  as  now,  presided  over  the  destinies  of  the  human  heart. 

Venus  gave  him  three  golden  apples,  with  instruction;  the  race 
commenced;  Atalanta  with  her  usual  speed  seemed  to  spurn  the  very 
ground;  as  she  was  passing  the  youth,  he  drew  from  his  bosom,  a 
golden  apple  and  threw  it  at  her  feet;  she  paused  to  pick  it  up;  on  she 
came  and  when  about  to  pass  the  youth  a  second  time,  he  drew  a  gold- 
en apple  from  his  bosom  and  threw  it  at  her  feet;  the  maiden  paused 
to  pick  it  up;  the  youth  then  ran  ahead;  on  came  the  maiden  again,  and 
when  about  to  pass  him  for  the  third  time,  the  youth  drew  his  last 
golden  apple  from  his  bosom  and  cast  it  at  her  feet;  she  paused  to  pick 
it  up,  but  the  goal  being  now  so  near,  Hippomenes  with  a  great  burst 
of  speed,  won  the  race.     (5) 

They  were  of  course  happily  married,  and  I  said,  "Here  i.s  the 
law,  which  decrees  that  "the  race  is  not  to  the  swift,  nor  the  battle  to 
the  strong;"  (6)  it  is  also  the  law,  which  defines  Marriage  as  a  Mir- 
acle based  on  Love." 

Hypatia,  (7)  the  learned  daughter  of  the  celebrated  Mathemati- 
cian Theon,  by  her  astute  and  learned  comments,  elucidated  the  intri- 
cate mysteries,  of  the  Geometry  of  Appolonius,  and  enlightened  the 
Mathematics  of  Diophantus. 

She  added,  dignity  to  grace  and  learning,  when  she  publicly  taught 
at  Athens,  the  esoteric  Philosophy  of  Plato,  and  the  god  like  reasoning 
of  Aristotle. 

In  her  youth  and  beauty,  she  was  said  to  have  been  proof  against 
love  itself;  and  the  eye  of  Cyril  beheld  with  jealousy,  the  gorgeous 
train  of  slaves  and  horses,  that  crowded  the  door  of  her  Academy. 


^# 


4  LECTURE 


I  said,  "This  is  the  law  which  teaches,  that  the  women  are  the 
^-  equals  if  not  the  superiors  of  men  in  the  abstract  sciences." 

It  was  the  self  sacrifice  of  Veturia  (8)  the  mother  of  Coriolanus, 
kneeling  as  a  suppliant  at  the  feet  of  the  Conquerer,  her  own  son, 
V  ,.  that  saved  Rome  the  proud  "Mistress  of  the  World,"  from  inglorious 

'^  destruction  by  the  Volcian  Armies. 

I  said,  "Here  is  the  law  of  patriotism,  and  self  sacrifice." 

To  a  woman  Rome  also  owed  the  abolition  of  the  regal  dignity, 
and  the  establishment  of  the  Republic;  and  to  a  woman  she  owed  her 
delivery  from  the  decemviri,  and  the  restoration  of  the  consular  gov- 
ernment; to  a  woman  she  owed  the  change  of  the  Constitution  by  which 
^  the  plebians  became  capable  of  holding  the  highest  offices  of  the  Com- 

'  :         mon wealth.      (9). 
y4  I  said,  "Here  is  the  law  of  power  and  generosity;  the  woman  es- 

^  tablishing  offices  and  Empires  for  the  man,  and  failing  to  keep  any 

"^  for  herself,  thus  demonstrating  modern  "Political  Science." 

-■ii--  It  was  Cato  (10)  the  Censor  who  wisely  uttered  this  Paradox,  "All 

men  naturally  govern  the  women,  we  govern  all  men,  and  our  wives 
^^.'       govern  us."     I  said,  "This  is  the  unquestioned  law  in  Texas  today." 

Artimissia  Queen  of  Helicarnassus  (11),  gave  dignity  and  grace 
to  the  military  councils  of  Xerxes,  in  his  unfortunate  struggle  with 
the  Greeks,  and  it  was  said  that  had  her  wise  councils  been  followed, 
the  inglorious  retreat  of  the  Persian  Army  across  the  Hellespont,  had 
never  taken  place. 

The  Scepter  of  Empire  as  swayed  by  Queen  Semiramis  is  equal  in 
renown  to  the  polished  Diplomacy  of  Phillipp  of  Macedonia,  and  the 
fame  of  her  military  achievements,  eclipses  and  out-rivals  the  mil- 
itary fame  of  any  of  the  Persian  Kings. 

Maria  Theresa  (12),  when  threatened  by  Prussian  invasion  in  imi- 
tation of  the  race  of  the  Caesars,  ascended  Mount  Defiance,  and  un- 
sheathing the  sword  of  State,  shaking  it  to  the  north,  to  the  south  to 
^  the  east  and  to  the  west,  established  the  supremacy  of  the  Austrian 

arms,  gave  deathless  fame  to  the  Austrian  Eagles,  and  founded  the 
Palace  of  the  Escurial  forever. 

In  my  opinion  her  fame  and  courage,  will  outlive  the  military  and 
civic  reputation  of  Frederick  the  Great,  and  the  glittering  but  doubt- 
ful achievements  of  the  Prussian  Arms. 

I  said,  "Here  is  the  law  of  Minerva,  again;  a  dramatic  act,  in  keep- 
ing with  the  deathless  valor  of  the  Caesars." 

The  most  brilliant  Palace  (13)  of  ancient  or  modern  times;  out- 
rivaling the  sacred  Temple  of  Solomon  at  Jerusalem;  eclipsing  the 
Pantheon  at  Rome  or  the  Parthenon  at  Athens;  statlier  than  St.  Pe- 
ters; loftier  in  architrave  and  richer  in  design,  than  the  proud  "Peace 
Palace"  of  Carnegie  at  the  Hague;  costlier  than  the  finest  of  the  public 
or  private  buildings  of  any  of  the  capitols  of  the  known  world,  was 
erected  by  an  Oriental  King  to  the  memory  of  his  Queen. 
-It  is  called  the  "Taj  Mahal"  (14)  in  honor  of  her  name;  it  was 
builded  with  glistening  marble  and  embellished  with  burnished  gold 
and  sparkling  gems;  the  richest  marble  quarries  of  Antiquity  were 
laid  under  tribute  to  furnish  the  material;  the  richest  mines  and  the 
great  wealth  of  the  "effete"  East,  were  drawn  upon  to  contribute  to 
its  splendors;  the  genius  and  architectural  learning  of  the  Orient  were 
enlisted  to  form,  fashion  and  finish  this  wonderful  mausoleum. 

Situate  upon  the  banks  of  a  flowing  river,  it  was  decreed,  that  its 
stately  minarets,  lofty  towers  and  gilded  domes  should  be  forever 
reflected  by  its  waves. 


LECTURE  5 

Glistening  in  its  Imperial  splendor  and  beauty,  where  polished 
marble,  burnished  gold  and  flashing  gems,  produced  the  most  sensa- 
tional and  spectacular  sight  the  world  has  ever  beheld,  it  is  viewed 
with  admiration  by  pilgrims  from  every  clime. 

It  is  called  the  "Mable  Poem,"  and  it  cost  Fifteen  Millions  of  Dol- 
lars (14),  exclusive  of  the  cost  of  the  labor  and  if  builded  in  America 
today,  would  cost  One  Hundred  Millions  in  money.     (14). 

When  I  read  of  its  beauty,  I  said,  "Here  is  the  unquestioned  law 
of  love,  but  what  a  wonderful  woman  to  inspire  such  a  love  in  a  hu- 
man heart." 

I  believe  that  it  was  the  love  of  a  beautiful  and  confiding  woman, 
that  caused  the  Martial  Genius  of  the  "Greatest  Soldier  of  the  mod- 
ern world"  (15),  to  establish  upon  the  battle  field,  the  deathless  fame 
of  the  Grand  Army  and  the  Old  Guard;  and  when  he  pushed  her  from 
his  heart  by  the  "cold  hand  of  ambition"  (15),  then,  "chance  and  fate 
combined  to  wreck  the  fortunes  of  their  former  king"  (15),  and  in  the 
words  of  a  Southern  Orator  (16),  "his  sun  went  down  veiled  in  the 
dark  clouds  of  Waterloo,  and  Napoleon  the  Great,  uncrowned,  un- 
throned and  stunned  by  the  dreadful  shock,  that  annihilated  the  Grand 
Army  and  the  Old  Guard,  wandered  aimlessly  about  on  the  lost  field 
in  the  gloom  that  palled  a  fallen  Empire,  as  Hugo  describes  him,  "the 
somnambulist  of  a  vast  shattered  dream." 

I  I  looked  through  the  pages  of  my  old  History,  and  I  saw  that  even 
the  memory  of  a  woman,  quickened  the  heart  beat  and  gilded  the  pen 
of  the  greatest  Historian  of  the  Ancient  or  Modern  World. 

Plutarch,  groping  in  the  dark,  writing  the  world's  proud  History 
as  made  by  Kings,  Emperors  and  Conquerers,  gave  the  pages  of  his 
History  its  most  celebrated  passage,  when  he  described  the  passage 
of  Cleopatra  down  the  Cydnus  (17)  to  answer  at  the  Judgment  Bar 
of  Mark  Anthony,  where  it  was  said  that  "Venus  has  come  to  feast 
with  Bacchus." 

Historians  and  orators  in  all  ages,  have  tried  but  in  vain  to  par- 
allel the  beauty  and  sublimity  of  his  passages.  When  I  read  his  lines, 
I  said,  "Here  is  the  law  of  love,  which  has  actually  warmed  up  a  hu- 
man "Icicle." 

That  the  Roman  General  Camillus  (18),  made  a  vow  to  Apollo;  to 
the  end  that  it  should  be  kept,  the  Senate  decreed  that  a  vase  of 
"massy  gold"  should  be  sent  to  Delphi.  Gold  being  scarce,  the  Ro- 
man matrons  gave  up  their  golden  ornaments,  as  an  offering  to  this 
God.  The  Senate  in  honor  of  their  piety,  decreed  that  they  should  have 
funeral  orations  as  well  as  men,  which  had  not  been  the  custom  before. 

I  said,  "The  old  world  seems  to  be  waking  up,  and  better  a  law  to 
bury  the  women,  than  no  law  at  all." 

When  the  Romans  and  Sabines  were  reconciled  to  each  other,  many 
honorable  privileges  were  conferred  upon  the  women,  some  of  which 
were  these:     (19). 

That  men  should  give  them  the  way  wherever  they  met  them;  that 
they  should  not  speak  any  bad  language  in  the  presence  of  the  women, 
and  that  in  case  they  killed  any  person,  they  were  to  be  tried  by  other 
Judges,  than  the  ordinary  Judges;  that  their  children  should  wear  an 
ornament  about  their  necks  called  Bulla,  from  its  likeness  to  a  bubble; 
and  that  a  garment  bordered  with  purple  may  be  also  worn  by  the 
children. 

I  said,  this  law  seems  to  be  a  fine  law,  and  I  wonder  if  it  was  ever 
imported  into  America  to  restrain  the  "old  man"  from  "cussing 
around"  in  the  presence  of  his  wife. 


6  LECTURE 

"Arbitrary  power  has  spoiled  the  shape  of  the  foot  in  China;  hur- 
ries the  Indian  woman  to  her  husband's  funeral  pile;  makes  the 
daughters  of  Eve  in  Persia  mere  chattels;  gives  a  woman  the  twelfth 
part  of  a  husbands  property  in  the  dominion  of  the  Grand  Turk,  and 
renders  them  slaves  of  duenas  and  governantes  in  Spain  and  Italy." 
(20). 

.  /  If  the  laws,  affecting  the  rights  and  privileges  of  the  women,  were 
'V  traced  back  to  their  origin  and  codified,  it  would  take  larger  books 
/  ;'    than  constituted  the  Roman  Pandects  of  Justinian. 

{  ,  In  primitive  times  among  a  people  yet  rude  and  barbarous,  mar- 
riage as  now  recognized,  as  a  rule  did  not  exist.  (20).  When  the 
relation  of  husband  and  wife  were  first  recognized,  the  woman  was 
practically  a  slave,  the  captive  or  purchase  of  her  master,  and  the 
mutual  rights  and  duties  were  either  unknown  or  at  most  but  dimly 
suggested  by  customs  or  codes.     (21). 

The  rights  were  as  usual  with  the  victor,  the  strong  arm;  man 
.        ruled  by  brute  force;  the  work  and  toil  and  heavy  burdens  fell  upon 
S^.     the  vassal  the  woman.     (22). 

!/  As  the  social  life  advanced,  there  was  more  or  less  ceremony  in 

;  connection  with  the  choice  of  a  wife   (23);  and  a  recognition  of  the 

i  husband's  absolute  supremacy  (24).     His  control  of  his  wife's  person, 

j  and  his  dominion  over  whatever  property  she  possessed,  begun  to  be 

1  regarded  as  the  settled  law.      (24). 

\  There  wei^e  exceptions,  of  course,  but  the  prevailing  systems,  which    [" 

'■  survived  all  others  were  the  Roman  and  English  laws  (25).  Under  ! 
the  early  Roman  law  the  power  of  the  husband  was  absolute,  and  her 
identity  was  completely  merged  into  him;  (25)  he  had  the  power  to 
chastise  (25),  sell  or  even  to  kill  his  wife  (26);  he  became  the  owner 
of  all  of  her  property  and  was  entitled  to  all  of  her  earnings  and  la- 
bor (27),  and  she  was  in  contemplation  of  the  crude  codes,  a  child  of 
her  own  husband  and  a  sister  to  her  own  children  (27);  she  inherited 
at  her  husbands'  death  only  as  one  of  his  heirs  (27). 

Under  the  English  common  law,  the  husband  and  wife  were  re- 
garded as  one  person  (27);  her  identity  (29)  was  merged  in  that  of 
her  husband  (28);  her  rights  under  this  law,  however,  became  in  some 
respects  very  nicely  adjusted,  and  the  rule  of  the  common  law  with 
reference  to  women  (28),  has  been  heretofore  at  some  times,  dispensed 
in  Texas,  but  I  desire  to  here  state,  that  the  rights  of  the  husband  to 
chastise  his  wife  under  the  common  law,  never  obtained  in  this 
state   (31). 

The  Texas  Constitution  of  1876,  as  well  as  all  prior  constitutions 
of  Texas  and  the  Republic,  recognizes  the  rights  of  married  women, 
in  real  and  personal  property  (30). 

Art.  16,  Sec.  15  of  such  Constitution  fixing  the  wife's  separate 
property  i-eads  thus:      (32) 

"All  property,  both  real  and  personal,  of  the  wife,  owned  or  claim- 
:  ed  by  her  before  marriage,  and  that  acquired  afterward  by  gift,  de- 
vise or  descent,  shall  be  her  separate  property;  and  laws  shall  be  pass- 
ed more  clearly  defining  the  rights  of  the  wife,  in  relation  as  well  to 
her  separate  property  as  that  held  in  common  with  her  husband.  Laws 
shall  also  be  passed  providing  for  the  registration  of  the  wife's  sepa- 
rate property." 

While  the  laws  for  the  full  protection  of  the  married  women  in 
Texas,  have  been  tedious  in  development,  I  believe  that  they  had  not 
received   full    recognition    in    property    and    contract    rights,   prior   to 


LECTURE  7 

1913,  principally  because  of  a  lack  of  concerted  action  in  asking-  for 
relief,  rather  than  indifference  to  their  rights  by  a  majority  of  the 
members  of  the  Legislature. 

Prior  to  1913  it  was  the  law  of  Texas,  that  the  earnings  of  the  wife, 
was  the  community  property  of  the  marriage  and  subject  to  the  hus- 
band's control,  debts  and  disposition  (33);  that  her  Bank  account  could 
be  taken  by  him  (34),  even  if  in  her  private  and  individual  name  (34), 
he  being  in  the  eye  of  the  expressed  law,  the  sole  custodian  and  man- 
ager of  her  fortune  (35),  as  well  as  the  Arbiter  of  her  Fame. 

Under  such  laws,  all  of  the  interest  derived  from  loans  of  her 
money  (36),  notes  (37),  and  dividends  on  stock  and  bonds  (38),  as  well 
as  all  increase  of  her  cattle,  flocks  and  herds  (39),  were  community 
property  and  subject  to  the  husband's  control  and  management  as 
well  as  being  subject  to  his  debts  (39);  that  all  profits  in  her  busi- 
ness, even  if  established  with  her  separate  funds,  and  conducted  by 
her  personal  labor  became  community  property  and  subject  to  the 
husband's  management,  control  and  debts  (40);  all  the  rents  of  her 
separate  property  as  well  as  all  crops  (41)  grown  on  her  lands  were 
community  and  controlled  by  husband  and  subject  to  his  debts  (41); 
the  exception  of  rents  of  her  lands  from  this  liability,  being  in  those 
cases  only  where  controlled  by  ante  nuptial  contracts  or  where  placed 
in  hands  of  Trustees  with  written  exemptions  from  such  liability  (42). 

Under  the  former  laws  prior  to  Acts  of  1913,  the  rights  of  the  wife 
to  contract,  for  other  than  necessities  for  herself  and  children,  and 
with  reference  to  care  and  improvements  of  her  separate  estate,  were 
very  limited  (43);  yet  the  laws  were  so  arranged,  that  if  she  desired, 
she  could  give  a  valid  lien  on  her  separate  lands  (44),  which  were  gen- 
erally exempt  from  her  husband's  debts  (44),  to  secure  his  notes  or  , 
debts,  if  same  were  reduced  to  writing  and  duly  signed  and  acknowl-  ' 
edged  by  his  wife,  with  joinder  of  the  husband   (45).  r 

-^  During  1913  the  Thirty  Third  Legislature  of  Texas  passed  an  act     | 
(44),  which  was  for  the  relief  of  the  married  woman  and  doing  away     ' 
with  some  of  the  features  of  the  old  laws  and  decisions  of  the  courts, 
/    \  and  gave  the  right  of  contract  to  the  married  woman.     I  do  not  find,     I 
J   after  a  careful  study  of  this  Act,  many  exceptions  to  such  right  of  con-    ' 
tract. 

It  is  provided  that  she  may  do  all  things,  which  an  ordinary  per- 
son not  under  disability  may  do,  except,  that  she  can  not  sell  her 
bome  without  her  husband  joining  in  the  deed  (47),  which  must  of 
course  be  duly  acknowledged,  to  be  binding;  that  she  can  not  sell  her 
separate  real  estate  or  her  stocks  or  bonds,  or  become  a  surety  with- 
out the  joinder  of  her  husband  (38),  save  and  except,  that  if  he  re- 
fuses to  join  in  the  items  mentioned  other  than  the  homestead  and 
suretyship,  she  can  still  have  right  to  sell  by  herself  upon  procuring 
order  of  the  District  Court,  showing  the  proper  advantage  to  her  sep- 
arate estate  (49). 

While   this  new  Act  proposes   to   protect   certain   property   which     i 
was  formerly  liable  for  the  husband's  debts,  from  his  management,     I 
control  or  further  debts,  still  it  leaves  it  as  formerly  community  prop-     \ 
erty  (50),  as  we  shall  hereafter  see,  but  makes  some  if  not  all  of  such      1 
common    property    subject    to    the    wife's    individual    debts    by    con- 
tract.    (50) 

While  the  Act  does  not  materially  increase  the  scope  of  the  wife's 
separate  property,  still  it  aids  her  by  its  "exemptions,"  and  it  may  be 
that  the  Legislatui'e  could  not  proclaim  other  property  her  "separate" 
property  except  that  which  has  been  mentioned  in  the  above  Sec.  15 


8  LECTURE 

of  the  Constitution.  The  Acts  defines,  rents  of  the  separate  property, 
the  wife's  earnings,  her  labor,  the  increase  on  notes  such  as  interest, 
and  dividends  on  stocks  and  bonds  purchased  with  her  separate  funds, 
as  community  property  (51)  just  as  they  have  been  before,  but  de- 
clares that  they  are  subject  to  neither  the  husband's  debts  or  his  con- 
trol.    (52). 

The  husband's  separate  estate,  as  well  as  all  community  estate, 
save  and  except  such  community  as  it  made  expressly  liable  for  the 
wife's  debt,  is  exempted  (53)  under  the  Act  from  the  contract  debts 
of  the  wife  made  generally. 

Those  items  of  community  which  are  responsible  for  the  debts  of 
the  wife  contracted  generally,  are  such  as  "personal  earnings  of  the 
wife,  and  the  income,  rents  and  revenues  from  her  separate  estate;" 
(54)  however  she  has  only  a  special  right  of  contract  as  a  surety  for 
the  debt  of  another  which,  will  be  referred  to  later. 

It  seems  as  if  the  Act  contemplates  that  the  "personal  earnings 
of  the  wife"  shall  be  subject  to  her  debt  (55);  now  if  "personal"  earn- 
ings, include  "wages"  as  that  term  is  understood  in  the  Constitution, 
then  it  may  be  the  Legislature  has  exceeded  its  power  in  making  such 
liable  for  any  debt  of  the  wife,  without  special  contract  lien  or  assign- 
ment thereof  be  given,  as  "current  wages"  are  under  the  Constitution 
(56)  exempt  from  Garnishment. 

What  status  "interest"  on  money  loaned  by  wife,  where  not  evi- 
denced by  note  or  other  written  obligation,  occupies,  is  not  clearly 
defined  by  the  Act.  Under  the  old  law  as  we  have  seen  "such  inter- 
est" was  community  property  and  subject  to  the  husband's  control  and 
under  the  ruling  of  the  courts  subject  to  his  debts;  it  seems  that  it 
was  the  intention  of  the  Legislature  to  make  all  "interest"  on  notes 
and  bonds  community  property  but  exempt  from  the  husband's  debts. 

Separate  property  of  the  wife,     (57). 

"Real  and  personal  owned  or  claimed  by  her  before  marriage,  and 
that  acquired  afterwards  by  gift,  devise  or  descent,  as  also  the  in- 
crease of  all  lands  thus  acquired." 

Control.     (58)  (59). 

Wife  has  sole  control  of  real  and  personal,  which  belongs  to  her 
separate  estate.  Also  sole  disposition  except  where  specially  ex- 
cepted. 

Disposition  and  encumbrance  of  real  estate  and  sale  of  stocks  and 
bonds,  her  separate  estate. 

Husband  must  join  in  such  with  wife,  and  in  event  of  refusal  she 
has  right  to  have  order  of  District  Court  to  act  alone,  by  making  proof 
that  such  sale  or  encumbrance  is  advantageous  to  her  interest. 

Wife's  property  not  subject  to  debts  of  husband.     (60). 

None  of  her  separate  property  can  be  taken  for  the  debts  of  hus- 
band, (real  or  personal),  nor  increase  in  land,  rents,  interest  on  bonds 
]  and  notes,  and  dividends  on  stocks  or  bonds  or  her  personal  earnings. 
Just  what  will  be  done,  with  the  increase  of  cattle  and  the  interest 
on  money  other  than  that  loaned  by  note,  bond  or  other  evidence  of 
like  nature,  remains  to  be  seen;  it  may  be  that  such  items  will  be  in- 
cluded in  terms  under  the  old  law. 

Common  Property.     (61). 

All  property  acquired  by  either  or  both  during  marriage   (except 
\  that  which  is  deemed  to  be  separate  as  herein  before  defined)  includ- 
ing the  personal  earnings  of  the  wife  rents  of  her  property,  interest 
on  bonds  and  notes  and  dividends  on  stocks  and  bonds. 


LECTURE  9 

Common  property  under  control  of  the  husband.     (62). 

Has  power  of  control  of  all  of  the  common  property,  and  disposi- 
tion thereof,  except  income  from  wife's  separate  estate,  her  personal 
earnings,  rents  of  her  property,  and  interest  on  notes  and  dividends 
on  stocks  and  bonds. 

Common  property  under  control  of  the  wife.     (63). 

The  personal  earnings  of  the  wife,  rents  of  her  real  property,  in- 
terest on  notes  and  bonds  and  dividends  on  her  stocks.  She  has  sole 
control  and  management  of  all  of  her  separate  property  of  every  kind, 
real  personal  or  mixed. 

Wife's  power  to  contract  with  reference  to  lien  and  sale  of  her  sep- 
arate estate.     (64). 

Has  the  sole  disposition  and  right  to  encumber  any  of  her  personal 
property;  but  in  sale  of  stocks  and  bonds  she  shall  be  joined  by  her 
husband,  and  has  right  to  sell  without  husband  if  order  of  court  is 
obtained. 

In  sale  or  encumbrance  of  her  real  estate,  husband  must  join  or 
order  of  court  be  procured,  in  event  of  his  refusal. 

Wife's  power  to  contract  generally.     (65) 

She  is  given  full  power  to  contract,  except  she  shall  not  be  allowed 
to  become  surety  except  in  certain  cases  hereinafter  mentioned;  she 
may  become  a  trader  or  a  merchant;  she  may  carry  on  a  business;  but 
the  debts  may  not  be  paid  from  any  of  the  "corpus"  of  her 
separate  estate,  it  being  provided,  that  payment  may  be  had  from  her 
personal  earnings  income,  rents  and  revenues  of  her  property;  pro- 
vided that  such  limited  exceptions  of  property  on  debts  shall  not  ap- 
ply to  necessities  furnished  to  her  or  her  children. 

Wife's  power  to  be  joint  maker  of  note  as  surety  for  another.     (66). 

To  be  a  joint  maker  of  a  note  she  must  be  joined  by  her  husband; 
the  statute  does  not  give  her  the  right  to  a  court  order  in  this  instance 
should  he  refuse  to  join. 

Wife's  power  to  be  a  surety  on  a  bond  or  note.     (67). 

She  shall  never  be  a  surety  on  a  bond  or  other  obligation  of  another 
without  the  joinder  of  her  husband. 

Her  Bank  Account.     (68). 
/        This  is  protected  from  her  husband's  check  or  draft  if  in  her  name, 
and  what  is  more,  his  bank  account  is  also  protected  from  her  checks 
or  drafts. 

Can  she  become  a  surety  for  the  debts  of  her  husband  and  execute 
a  valid  lien  on  her  separate  property  to  secure  the  debt?     (69). 

The  Act  provides,  "Neither  the  separate  property  of  the  wife  nor 
the  rents  from  the  wife's  separate  estate,  nor  the  interest  on  bonds 
and  notes  belonging  to  her  nor  dividends  on  stocks  owned  by  her,  nor 
her  personal  earnings,  shall  be  subject  to  the  payment  of  debts  con- 
tracted by  the  husband."  Under  the  old  law,  it  was  the  repeated  rule 
of  the  decisions  of  Texas  (70),  that  the  wife  could  when  joined  by  hus- 
band in  due  form  of  law  give  a  lien  as  security  for  his  debt  on  her 
separate  real  estate;  however  under  the  old  law,  her  separate  property 
was  not  liable  for  her  husband's  debts  generally  speaking,  and  the 
above  quoted  clause  of  the  new  Act  was  not  read  into  the  old  law  as  it 
has  been  into  the  new.  It  is  plain  that  it  was  the  intent  of  the 
Legislature  to  protect  the  separae  property  of  the  wife  as  well  as 
certain  community  properties  from  liability  for  the  husband's  debts. 

This  immunity  of  her  separate  property  from  the  debts  of  the  hus- 
band, is  a  privilege,  which  in  my  opinion  she  may  waive,  if  she  so  de- 


10  LECTURE 

sire,  and  in  the  event  tiiat  she  should  execute  a  lien  on  such  property 
in  due  form  as  under  the  old  law  for  her  husband's  debts,  then  it  may 
bind  her  and  her  property. 

That  the  wife  could  renounce  such  privileges  was  recognized  in 
case  of  Mollis  vs.  Fancois  decided  many  years  ago  in  Texas  and  report- 
ed in  5  Texas  Reports  page  203;  it  has  often  been  cited  as  a  leading 
authority  on  this  point. 

The  rule  is  tersely  stated  by  an  eminent  legal  authority  as  follows: 

"That  a  Constitutional  rule  or  statutory  provision  however  that 
the  wife's  separate  property  shall  not  be  liable  for  the  payment  of  the 
husband's  debts,  does  not  prevent  her  from  voluntarily  mortgaging 
her  estate  for  his  debts."     (a). 

(a)  21  "Cyc"  (Encyclopaedia  of  Law  and  Procedure)  page  1484, 
note  71  citing 

Schneider  vs.  Slaeter  20  Mo.  269 

Hitz  vs.  Jenks  123  U.  S.  297. 

Barren  vs.  Tilton  119  U.  S.  637. 

This  33rd  Legislature  passed  also  a  very  wholesome  law  for  the 
benefit  of  the  women  and  children  (71),  in  that  it  made  it  an  offense 
punishable  by  fine  for  a  man  to  wilfully  desert  or  refuse  to  support 
his  wife  or  child;  and  when  I  read  it,  I  said,  "That  is  a  good  law,  for 
before  God  and  his  holy  angels  no  man  has  the  right  to  desert  his  wife 
or  child  and  leave  either  or  both  penniless  upon  the  charity  of  a  cold 
world." 

While  the  laws  of  Texas  seem  fair  enough  for  the  women,  yet  there 
is  one  boon,  that  they  deny  to  the  ladies  which  the  writer  personally 
believes,  that  they  should  have.  That  is  the  right  of  general  suffrage 
or  voting.  I  have  been  told  that  the  Southern  Women,  did  not  desire 
this  franchise,  but  I  am  not  sure  of  the  correctness  of  that  report; 
but  even  if  she  did  not  desire  it,  the  same  should  be  granted  as  a  mat- 
ter of  right,  she  being  a  citizen;  and  I  believe  that  every  worthy  citi- 
zen should  have  the  right  of  the  ballot,  under  the  proper  limitations. 

I  have  heard  the  argument  advanced  from  time  to  time  that  the 
women  did  not  have  intelligence  on  the  affairs  of  man  to  form  a  cor- 
rect idea  of  what  was  right  in  voting;  that  they  also  would  be  con- 
trolled by  their  husbands,  and  the  single  ladies  by  their  sweethearts; 
also  that  if  the  white  woman  was  allowed  to  vote  the  colored  woman, 
could  not  be  prohibited;  and  many  other  such  arguments,  which  to  me 
when  I  heard  them,  I  said,  "Sure  this  is  not  good  reasoning  and  if  it 
is  law  at  all  it  is  the  law  of  "Buncombe." 

The  Constitution  of  the  United  States  (72)  is  very  liberal  in  this 
matter,  but  while  it  elevates  the  women  to  the  rights  of  citizenship, 
which  of  course  carries  with  it  the  right  of  suffi-age  (7),  it  has  been 
held  in  the  case  of  United  States  vs.  Susan  B.  Anthony  i-eported  in  11 
Blatch,  page  200,  that  the  First  Clause  of  the  Fourteenth  Amend- 
ment to  the  United  States,  while  it  granted  the  privilege  of  voting 
to  the  citizen,  even  a  woman,  yet  it  was  not  self  executing  (73).  In 
the  instant  case,  Susan  B.  Anthony  claim  that  the  section  of  the  Con- 
stitution referred  to  was  self  executing  and  voted  at  an  election  for 
Congress.  She  was  indicted  by  a  Federal  Court  for  illegal  voting  and, 
when  it  appeared  to  the  court  that  she  was  a  woman  and  did  actually 
vote,  a  charge  was  given  the  jury  to  return  a  verdict  of  guilty. 

The  Texas  Constitution  is  the  barrier  in  the  way  of  the  women  vot- 
ing in  this  State.  In  Art.  6  Sec.  1  (74),  it  provides  that  certain  nam- 
ed persons  shall  not  vote;  it  is  immaterial  now  to  name  such  class, 
but  it  does  not  exclude  "women."     Sec.  2  (75)  of  the  same  Art.  how- 


LECTURE  11 

ever,  prescribes  who  shall  be  qualified  voters.  It  reads,  "Every  male 
person  subject  to  none  of  the  foregoing-  disqualifications — shall  be 
deemed  a  qualified  voter."  So  you  will  see  that  the  qualified  voter 
can  be  no  other  than  a  "male"  person. 

Had  I  the  power  I  would  change  that  Section  for  you  so  that  you 
could  vote,  by  just  adding  thereto  only  two  words.  I  would  place  the 
words  "and  female"  after  the  word  "male"  and  it  would  then  read  as 
follows.  "Every  male  and  female  person  subject  to  none  of  the  fore- 
going disqualifications — shall  be  deemed  a  qualified  voter." 

Some  lawyers  would  say,  that  it  is  not  necessary  to  add  any  words 
at  all,  just  strike  out  the  word  "male"  and  then  it  would  read  "Every 
person"  which  of  course  would  include  the  woman;  but  I  could  not 
agree  to  that  for  some  Judge  may  construe  the  Section,  as  he  would 
put  it,  in  the  light  of  the  worlds  history  and  the  courts  former  de- 
cisions and  that  it  was  not  plain  that  the  lawmakers  intended  "Every 
person"  to  include  "women." 

It  takes  time  to  change  the  Constitution,  but  the  women  can  have 
it  changed  in  the  respect  referred  to  if  they  shall  work  to  that  end. 

There  is  a  further  question  on  the  lines  of  Political  Science,  and 
that  is  the  right  of  the  woman  to  hold  public  office,  notwithstanding 
her  inability  to  vote.  The  married  women,  only  were  handicapped 
from  holding  office  in  Texas  heretofore,  where  bonds  were  required  to 
be  executed  under  Statutes,  she  being  prior  to  1913  incapable  of  being 
Principal  or  surety  on  such  bonds  (76).  The  Acts  of  1913,  however, 
is  supposed  to  have  given  the  married  woman,  power  of  "contract"' 
(77)  and  it  may  be  that  she  can  give  like  her  single  sister  all  bonds, 
required.      (78). 

The  question  arises,  are  the  "women"  then  debarred  from  holding 
public  office  merely  because  they  are  not  "males"  or  "qualified"  vot- 
ers?" 

The  solution  of  this  question  is  found  in  the  failure  of  the  Consti- 
tution to  fix  specific  terms  defining  who  shall  be  "eligible  to  office." 
Of  course  it  defines  certain  persons  who  can  not  hold  office  or  can  not 
hold  certain  offices,  but  does  not  in  express  terms  prohibit  women 
In  the  case  of  Stensoff  vs.  State  Ex.  Rel.  15  S.  W.  R.  page  1100,  de- 
cided by  the  Supreme  Court  of  Texas  through  Judge  Gaines,  it  was 
held  that  it  was  not  a  prerequisite  under  the  present  Constitution  of 
1876,  that  a  person  should  be  a  "qualified  voter"  to  be  capable  of  hold- 
ing the  office  of  Tax  Assessor.     The  Court  pertinently  says: 

"When  a  Constitution  has  been  framed  which  contains  no  provis- 
ion defining  in  terms  who  shall  be  eligible  to  office  there  is  strength 
in  the  argument  that  the  intention  was  to  confide  the  selection  to  the 
untrammeled  will  of  the  electors." 

The  prior  Constitution  of  1869  contained  the  provision  that  no  per- 
son shall  be  eligible  to  office.  State,  County  or  Municipal,  who  is  not 
a  registered  voter  of  the  State. 

In  the  above  case.  Judge  Gaines,  adds  that  the  "omission  of  a  sim- 
ilar article  in  the  present  Constitution  is  not  without  its  significance." 
It  therefore  seems  to  follow,  that,  both  married  and  single  women  may 
hold  public  office  in  Texas,  save  and  except  in  the  cities  and  towns 
incorporated  under  General  Laws  or  in  those  cities,  where  special 
Charter  provides  that  the  officers  shall  be  "qualified  voters." 

I  hope  that  the  ladies,  will  not  have  the  present  inclination  to  run 
for  office  in  Marshall  for  its  Charter  provides  that  all  elective  officers 
shall  be  "qualified  voters." 

It  seems  passing  strange,  that  the  women  have  learning  enoug-h  to 


12  LECTURE 

hold  office,  make  bonds  and  discharge  with  credit  to  themselves  and 
honor  to  their  constituents,  the  duties  prescribed  by  Statutes,  yet  are 
not  intelligent  enough  to  vote  "right." 

There  are  the  taxing  laws,  which  tax  the  woman's  property  just 
like  the  man's,  advalorem,  special  street  paving,  good  roads  bond 
issue  and  so  on,  and  that  whether  she  be  married  or  single,  and  she 
is  given  no  voice  in  the  matter  at  all,  notwithstanding  some  of  the 
special  taxes  are  levied  and  collected  under  a  special  vote  of  the  local 
voters  "qualified  electors,"  wherein  she  is  not  only  denied  a  vote  but 
is  prohibited  by  law,  from  coming  any  nearer  to  the  polls  than  "one 
hundred  feet."  (79).  She  is  permitted  to  stand  out  at  the  end  of  the 
"ropes"  and  look  pleasant  and  that  is  all  except  the  "paying."  I  said, 
"This  is  an  illustration  of  that  part  of  the  law  which  says  "Jordan 
is  a  hard  road  to  travel." 

The  Woman  can  pay  for  the  good  roads  and  paved  streets;  for  the 
automobile  and  the  gasoline  which  propels  it  over  the  smooth  surface; 
she  can  pay  for  the  "cigar"  in  the  Chauffeur's  mouth,  as  he  runs  the 
machine;  but  she  can't  vote  a  ballot  to  save  her  life. 

I  said,  "What  a  monstrosity  is  this  law,  which  taxes  without  any 
pretense  of  representation  of  power  at  the  ballot  box;  the  little  un- 
pleasantness between  England  and  her  American  Colonies  arose  over 
some  question  like  that  or  some  other  question,  but  that  is  Ancient 
History  and  has  no  place  here. 

Illinois  has  recently  had  the  women  in  actual  voting  contests,  in 
the  open  field  (81);  the  record,  show,  that  certain  "burning"  ques- 
tions upon  which  the  destinies  of  the  human  race  shall  rise  or  fall, 
had  been  theretofore  submitted  under  the  ballots  of  the  men  only,  at 
the  bar  of  the  ballot;  and  had  been  ignobly  lost  against  the  interests 
of  humanity;  under  the  contest  submitted  again,  when  the  women 
were  given  the  power  of  the  ballot,  it  was  fought  over;  it  was  the 
Battle  of  Waterloo,  fought  again;  the  women  marching  to  the  polls, 
keeping  step  to  the  strains  of  martial  music  played  by  an  hundred 
bands;  with  Flags  and  Banners  flaunting  over  their  unbroken  ranks 
they  marched  to  victory  at  the  "double  quick;"  it  was  a  sinless  victory 
and  a  bloodless  defeat;  the  former  decision  and  judgment  were  re- 
versed by  their  ballot,  and  the  question  decided  in  the  interest  of  hu- 
manity and  it  was  decided  "right." 

The  women  of  Texas  can  and  will  do  as  nobly,  if  given  this  ballot 
and  power;  justice  should  not  deny  this  boon  if  it  should  consider  no 
other  qualifications  of  the  woman  than  her  "constancy  to  her  Trust." 
As  I  look  back  to  the  very  dawn  of  the  Civilization  of  this  wheeling 
Globe,  I  see  the  woman  bending  over  and  protecting  with  her  loving 
hands  the  sons  and  daughters  of  the  human  race,  from  the  cradle  to 
the  grave;  teaching  and  educating,  clothing  and  feeding  their  children, 
and  as  it  were  swearing  them  at  the  very  Altar  for  Truth,  Honesty 
and  Virtue;  her  vigils  are  greater  in  watching  over  the  human  race 
than  the  lessons  of  constancy  taught,  by  the  patient  watching  of 
Penelope  for  the  return  of  Ulysses,  who  had  sailed  from  Ithaca,  out 
into  the  west;  than  the  constancy  of  the  Polar  Star,  as  it  stands  a 
silent  sentinel,  forever,  guarding  the  Throne  of  the  Eternal  North; 
than  the  constancy  of  the  Pyramids  of  the  land  of  Isis  and  Osiris, 
mute_  sentinels  and  witnesses  of  the  glorv  of  fallen  Empires,  forever 
pointing  to  the  bending  heavens  above;  of  the  constancy  of  the  stony- 
faced  Sphinx  of  Gizeh  and  the  Nile  facing  for  four  thousand  years, 
the  rising  dawn. 


LECTURE  13 

I  invite  your  attention  to  the  action  of  the  women  of  England; 
look  at  the  action  of  the  women  of  America;  I  said,  "In  England,  it  is 
Turk  "met"  Turk;  in  America  it  seems,  as  if  lovers  and  sweethearts 
have  met.  Their  converse  action  and  results,  reminds  me  of  a  moun- 
tain lake  of  which  I  have  read. 

It  is  said  that  upon  the  snow  crested  Alps,  there  is  a  mountain 
Lake,  the  waters  of  which  find  their  way  to  the  Ocean  by  two  differ- 
ent channels;  one  portion  goes  the  way  of  the  "wide  and  winding 
Rhine,"  and  mingles  with  the  stormy  waves  and  crashing  icebergs  of 
Northern  Seas.  The  other  portion  joins  the  blue  current  of  the 
"Arrowy  Rhone,"  and  sinks  to  rest  in  the  Mediteranean,  along  the 
vine  clad  hills  and  sunny  vales  of  France;  one  portion  finds  a  home  be- 
neath the  cold  splendors  of  Auroral  light,  amid  the  freezing  horrors 
of  an  Arctic  Zone;  the  other  blushes  beneath  the  glow  of  "Italian 
skies"  and  lingers  around  the  classic  shores  and  storied  Isles  of 
Greece. 

I  said,  "I  believe  that  this  is  the  "International"  law  of  warfare, 
and  is  only  solved  by  Mr.  Vattel  in  his  "Law  of  Nations;"  the  English 
woman  has  attempted  to  "tomahawk"  old  John  Bull,  while  on  the 
"war  path"  and  has  met  with  irresistable  friction;  the  American  wo- 
man, has  brought  the  sons  of  "Uncle  Sam"  to  her  feet,  by  her  Wisdom 
her  winning  ways  and  irresistable  smile. 

In  conclusion,  I  would  like  to  say,  that,  whatsoever  shall  be  the 
future  of  woman,  as  she  toils  on  through  the  coming  "dawn,"  guided  . 
by  just  laws  breathing  the  spirit  of  equity;  with  her  mind  illuminated 
by  Wisdom,  and  the  Sciences  shedding  their  luster  over  her  pathway; 
armed  with  the  Thunderbolt  of  Truth,  to  invade  the  very  citadel  of 
Knowledge;  teaching  her  sons  and  daughters,  the  lessons  of  Toil, 
Honesty  and  Virtue;  armed  with  the  sword  of  the  Ballot  and  the 
Science  of  "Eugenics,"  I  think  that  the  future  history  of  Woman, 
shall  be  the  "Evangelized"  history  of  the  human  race. 

But  I  do  not  believe,  nor  can  I  hope,  that  they  shall  be  a  better 
race  than  the  present,  for  I  do  believe  that  we  have  a  "race  of  the 
bravest  men  and  the  most  beautiful  women,  that  the  sun  in  the  heav- 
ens ever  shone  upon." 

"The  Woman's  cause  is  man's;  they  rise  or  sink,  / 

"Together,  dwarfed  or  god  like,  bond  or  free.  i 

"For  she  that  out  of  Lethe  scales  with  man,  / 

"The  shining  steps  of  Nature,  shares  with  man  ' 

"His  nights,  his  days,  moves  with  him  to  one  goal." 

(C.  E.  C.) 


14  AUTHORITIES 

AUTHORITIES    FOR    "LECTURE"    OF    CHARLES    CARTER   BE- 
FORE WOMEN'S  FEDERATED  CLUBS. 

1  Mrs.  T.  P.  Young. 

2  Miss  Paye  Lane. 

3  Rollin  Hist.  Bk.  5,  Art.  9. 

3  Littles  Hist.  Lights  Sec.  5499. 

a     Then  County  Clerk  of  Harrison  County. 

4  H.  A.  Guerber  "Myths  of  Greece  and  Rome,"  55. 

5  H.  A.  Guerber  "Myths  of  Greece  and  Rome,"  228. 

6  Solomon's  Proverbs. 

7  Gibbons  Rome  Ch.  47,  p.  502. 
Littles  Hist.  L.  Sec.  6078. 

8  Tytlers  Hist.  Bk.  3,  Ch.  4. 
Littles  Hist.  L.  Sec.  6101. 

9  Tytlers  Hist.  Bk.  3,  Ch.  6,  p.  348. 
Littles  Hist.  L.  Sec.  6121. 

10  Plutarchs  Cato. 

Littles  Hist.  L.  Sec.  6138. 

11  Tytlers  Hist.  Bk.  2,  Ch.  1  p.  135. 
Littles  Hist.  L.  Sec.  6110. 

12  Macauley's  Frederick  the  Great,  35. 
Littles  Hist.  L.  Sec.  756. 

13  Gen.  Grant's  Travels  300. 
Littles  Hist.  L.  Sec.  6061. 

L.  N.  Chapin's  "Beautiful  and  Wond.  and  Wise,"  245. 
Webster's  Int.  Diet.  Appendix. 

14  Gen.  Grant's  Travels,  300. 
Littles  Hist.  L.  Sec.  6061. 

15  Quotation,  Ingersoll's   Napoleon. 

16  Bob  Taylor's  Lectures,  p.  198. 

17  Plutarch's  Anthony   (Winston's  Ed.  Vol.  5,  p.  195). 

18  Plutarchs'  Camillus. 
Littles  Hist.  L.  Sec.  6119. 

19  Plutarch's  Romulus. 
Littles  Hist.  L.  Sec.  6116. 

20  Knight's  Eng.  Vol.  5,  Ch.  27,  p.  418. 
Littles  Hist.  L.  Sec.  6122. 

21  21  "Cyc"  1143. 

22  Id.  Citing  McLennan  Studies;  Howards  Mart.  Inst.  Ch.  4. 

23  Id. 

24  Id. 

25  21  "Cyc"  1143. 
Sohm  Inst.  Sec.  93. 

26  Id. 

21  "Cyc"  1143. 
Gaius  1—115;  136. 

27  21  "Cyc"  1143. 

Sohm  Inst.  93,  94,  109. 

Bryces'  Stud.  Hist.  &  Juris.  818. 

28  21  "Cyc"  1143. 

Cartwright  vs.  Hollis,  5  Texas  152. 

29  21  "Cvc"  1143. 

30  Harris  Tex.  Cons.  (1913)  p.  743. 
21  "Cyc"  1150. 

1  Blackstone  Com.  444-445. 

31  Gorman  vs.  State,  42  Texas  221. 


AUTHORITIES  15 

32  Harris  Tex.  Const.  (1913)  p.  733-734. 

33  Tucker  vs.  Carr,  39  Tex.  102;  (65  Tex.  425;  27  Tex.  457). 

34  Parks  vs.  Williard,  1  Tex.  350;  Kempner  vs.  Huddleston,  90  Tex. 

182  (Rev.  St.  2967  (1895);  28  Tex.  382;  24  Tex.  304. 

35  Coleman  vs.  Bank,  43  S.  W.  (Tex  Civ.)  132;  aff,  in  94  Tex.  605, 

63  S.  W.  (Tex.  Sup.)  867. 

36  Martin  Brown  Co.  vs.  Perrell,  77  Tex.  199;  13  S.  W.  R.  975. 

37  Cabell  vs.  Mencer,  35  S.  W.  (Tex.)  206. 

38  Bryan  vs.  Bank,  90  S.  W.  R.  (Tex.)  704;  aff.  in  101  Tex.  630. 

39  Blum  vs.  Light,  81  Tex.  414;  16  S.  W.  1090;  20  Tex.  670,  25  Tex. 

270. 

40  Miller  vs.  Marx,  65  Tex.  131;  65  Tex.  425;  65  Tex.  402;  66  Tex. 

553. 

41  Rhine  vs.  Blake,  59  Tex.  240;  Schepflin  case  23  S.  W.  (Tex.)  432; 

Allen  vs.  Roead,  66  Tex.  13;  17  S.  W.  115. 

42  DeBlane  vs.  Lynch,  23  Tex.  25;  24  Tex.  611;  Cleveland  vs.  Cole, 

65  Tex.  402;  White  vs.  Lynch  26  Tex.  195. 

43  Monday  vs.  Vance,  32  S.  W.  (Tex.)  559;  23  S.  W.  (Tex.)  432,  86 

Tex.  194;  24  S.  W.  (Tex.)  385. 

45  Kutch  vs.  Holly,  77  Tex.  220;  Wofford  vs.  Nnger,  55  Tex.  480. 

46  Acts  Tex.  Leg.  33  Ch.  32.  p.  61-63  (Arts  4621,  4622,  4624). 

47  Harris  Tex.  Const.  1913,  7785. 

48  Acts  Tex.  33rd  Leg.  Ch.  32,  Art.  4621. 

49  Id. 

50  Id.  Art.  4624. 

51  Id.  Art.  4622. 

52  Id.  Art.  4621-2. 

53  Id.  Art.  4624. 

54  Acts  Tex.  33rd  Leg.  Ch.  32;  Art.  4624. 

55  Id. 

56  Harris  Tex.  Const.  1913,  page  763. 

57  Acts  Tex.  33rd  Leg.  Ch.  32,  Art.  4631. 

58  Id.  Art.  4621. 

59  Id. 

60  Acts  Tex.  33rd  Leg.  Ch.  32,  Art.  4621. 

61  Id.  Art.  4622. 

62  Id.       Id. 

63  Id.        Id. 

64  Id.  Art.  4621-2. 

65  Acts  Tex.  33rd  Leg.  Ch.  32,  Sec.  1  and  2. 

66  Id.  Art  4624. 

67  Id.  Id. 

68  Id.  Art.  4622. 

69  Id.  Arts.  4621,  4624. 

71  Acts  Tex.  33rd  Leg.  Ch.  101,  page  188. 

72  Harris  Tex.  Const.  1913,  page  25. 
72     15  "Cyc"  298. 

74  Harris  Tex.  Const.  1913,  page  495. 

75  Id.  page  487. 

76  Cruger  vs.  McCracken,  87  Tex.  584.  30  S.  W.  R.  537;  Hollis  vs. 

Francois,  5  Tex.  195. 

77  Acts  Tex.  33rd  Leg.  Ch.  32,  "Emergency  Clause." 

78  Sayl.  Tex.  Civ.  St.  1914,  Art.  793-4. 

79  Acts  Tex.  29th  Leg.  Ch.  9,  Sec.  84. 

80  Id. 

81  Prominent  Newspapers;   Globe  Democrat.  TEC 


16  LAWS  OF  TEXAS 

THE  LAWS  OF  THE  RIGHTS  AND  PROPERTY  OF  WOMEN  IN 

TEXAS. 


Rights  of  all  persons  under  Federal  Constitution. 

1  "All  persons  born  or  naturalized  in  the  United  States  and  sub- 
ject to  the  jurisdiction  thereof,  are  "citizens"  of  the  United  States 
and  of  the  state  wherein  they  reside.  No  state  shall  make  or  en- 
force any  law  which  shall  abridge  the  privileges  or  immunities 
of  citizens  of  United  States. 

2  "Nor  shall  any  state  deprive  any  person  of  life,  liberty,  or 
property  without  due  process  of  law,  nor  deny  to  any  person  with- 
in its  jurisdiction  the  equal  protection  of  the  laws."  (65). 

The  right  to  vote. 

3  "The  right  of  citizens  of  the  United  States  to  vote  shall  not  be 
denied  or  abridged  by  the  United  States  or  by  any  state  on  ac- 
count of  race,  color  or  previous  condition  of  servitude."  (66). 

Power  to  enforce. 

4  "The  Congress  shall  have  power  to  enforce  this  article  by  ap- 
propriate legislation."  (67). 

Texas  Laws  for  the  Husband  and  Wife. 

Who  authorized  to  celebrate  marriage  rights. 

5  "All  regular  licensed  or  ordained  ministers  of  the  gospel,  Jew- 
ish rabbis,  judges  of  the  district  and  county  courts,  and  all  jus- 
tices of  the  peace  of  the  several  counties  are  authorized  to  cele- 
brate the  rites  of  matrimony  between  all  persons  legally  author- 
ized to  marry."  (68). 

Who  not  permitted  to  marry. 

6  "Males  under  sixteen  and  females  under  fourteen  years  of  age 
shall  not  marry."  (69).  " 

License  issued  by  County  Clerk. 

7  "Any  person  desirous  of  marrying  shall  apply  to  the  Clerk  of 
the  county  court,  and  shall  receive  from  him  a  license  directed  to 
all  persons  authorized  by  law  to  celebrate  the  rites  of  matrimony, 
which  shall  be  sufficient  authority  for  any  one  of  such  persons 
to  celebrate  such  marriage."  (70). 

Clerk  shall  not  issue  license  in  certain  cases. 

8  "No  clerk  shall  issue  a  license  without  the  consent  of  the  par- 
ent or  guardian  of  the  parties  applying,  if  there  be  a  legally  ap- 
pointed guardian  of  either  party  to  such  license,  said  consent  to  be 
given  in  person  or  in  writing,  signed  and  acknowledged  by  said 
parent  or  guardian  before  an  officer  authorized  to  take  acknowl- 
edgement, unless  the  parties  so  applying  shall  be,  in  case  of  the 
male  twenty-one  years  of  age,  and  in  case  of  the  female  eighteen 
years  of  age,  and  if  there  be  any  doubt  in  the  mind  of  the  clerk  of 
the  county  court  issuing  such  license,  he  shall  not  issue  said  li- 
cense unless  there  shall  be  presented  to  him  a  certifcate  under 
oath  from  their  parent  or  guardian  or  some  person  other  than  the 
contracting  parties  that  the  contracting  parties  have  attained  the 
ages  aforesaid:" 

"Provided  further,  that  nothing  in  this  Act  shall  be  construed 
to  affect  the  issuance  of  marriage  license  in  seduction  prosecu- 
tion. 

9  "Provided,  that  in  cases  where  any  minor  has  neither  parent 
nor  guardian,  then  the  clerk  shall  not  issue  a  license  without  the 


LAWS  OF  TEXAS  17 

consent  of  the  county  judp:e  of  the  county  of  the  residence  of  such 
minor,  such  consent  to  be  in  writing  and  sijjned  and  acknowledged 
by  such  county  judge."  (71) 

Return  and  recording  of  License. 

10  "The  said  clerk  shall  record  all  licenses  issued  by  him  in  a  well 
bound  book  kept  for  that  purpose;  and  it  shall  also  he  the  duty  of 
the  persons  solemnizing  the  rites  of  matrimony  to  indorse  the 
same  on  the  license  and  make  return  of  the  same  to  the  office  of 
the  clerk  of  the  county  court  within  sixty  days  after  the  celebra- 
tion aforesaid;  which  return  shall  also  be  recorded  as  afore- 
said." (72). 

Certain  intermarriages  prohibited. 

11  "It  shall  not  be  lawful  for  any  person  of  Caucasian  blood  or 
their  descendants  to  in-termarry  with  Africans  or  the  descend- 
ants of  Africans;  and,  should  any  person  as  aforesaid  violate  the 
provisions  of  this  article,  such  marriage  shall  be  null  and  void." 

(73).  y 

Marriages  heretofore  by  bond  (1840)  validated. 

12  "Whereas,  many  persons  heretofore,  previous  to  the  passage 
of  an  act  approved  June  5,  1837,  regulating  marriages,  and  for 
other  purposes,  had,  for  the  want  of  some  person  legally  quali- 
fied to  celebrate  the  rites  of  matrimony,  resorted  to  the  practice, 
of  marrying  by  bond,  and  others  have  been  married  by  various 
officers  of  justice  not  authorized  to  celebrate  such  marriages, 
and  whereas,  public  policy  and  the  interest  of  families  require  a 
further  legislative  action  of  the  subject,  therefore,  all  such  mar- 
riages are  declared  legal  and  valid  to  all  intents  and  purposes, 
and  the  issue  of  such  persons  are  declared  legitimate  children  and 
capable  of  inheritance."  (74). 

Issue  legitimatized. 
1?)         "In  cases  where  persons  have  so  intermarried  agreeably  to  the 
custom  of  the  times,  and  where  husband  or  wife  has  since  died, 
then   and   in   that   case   the   issue   of  such   marriages   are   hereby 
legitimatized."  (75). 

Slave  marriages. 

14  "All  persons  who  at  any  time  heretofore  have  lived  together 
as  man  and  wife,  and  both  of  whom,  by  the  laws  of  bondage,  were 
precluded  fi'om  the  rites  of  matrimony,  and  continued  to  live  to- 
gether until  the  death  of  one  of  the  parties,  shall  be  considered 
as  having  been  legally  married,  and  the  issue  of  such  cohabita- 
tion is  declared  legitimate;  and  all  such  persons  as  were  so  loving 
together  in  such  relation  on  the  fifteenth  day  of  August,  1870, 
shall  be  considered  as  having  been  legally  married,  and  the  chil- 
dren heretofore  or  hereafter  born  of  such  cohabitations  are  de- 
clared legitimate."     (76). 

Marriage  contracts;  what  stipulations  may  be  made. 

15  "Parties  intending  to  enter  into  the  marriage  state  may  enter 
into  what  stipulations  they  please,  provided  they  be  not  contrary 
to  good  morals  or  to  some  rule  of  law;  and  in  no  case,  shall  they 
enter  into  any  agreement,  or  make  any  renunciation,  the  object  of 
which  would  be  to  alter  the  legal  orders  of  descent,  either  with 
respect  to  themselves,  in  what  concerns  the  inheritance  of  their 
children  or  posterity,  which  either  may  have  by  any  other  person, 
or  in  respect  to  their  common  children;  nor  shall  they  make  any 


18  LAWS  OF  TEXAS 

valid  agreement  to  impair  the  legal  rights  of  the  husband  over 
the  person  of  the  wife,  or  the  persons  of  their  common  chil- 
dren."    (77). 

How  authenticated.  ,  .    j^ 

16  "Every  matrimonial  agreement  must  be  acknowledged  before 
some    officer    authorized    by    law    to    take    acknowledgments    to 

i  deeds,  and  attested  by  at  least  two  witnesses;  the  mmor  capable 
'  of  contracting  matrimony  may  give  his  consent  to  any  agreement 
'  which  this  contract  is  susceptible  of,  but  such  agreement  must  be 
:  made  by  the  written  consent  of  both  parents,  if  both  be  livmg;_if 
:  not,  then  by  that  of  the  survivor;  if  both  be  dead,  then  the  writ- 
S  ten  consent  of  the  guardian  of  such  minor."  (78). 
Can  not  be  altered  after  marriage. 

17  "No  matrimonial   agreement   shall   be   altered   after  the   cele- 
bration of  the  marriage."     (79). 

Reservation  by  wife  must  be  recorded. 
""=  "When  the  wife,  by  a  marriage  contract,  may  reserve  to  her- 
self any  property  or  rights  to  property,  whether  such  rights  be 
in  esse  or  expectancy,  such  reservation  to  be  valid  as  to  the  sub- 
sequent purchasers  or  creditors  of  her  husband,  must  be  acknowl- 
edged and  recorded  as  provided  by  law."     (80). 

Separate  property;  management;  joinder  of  husband;  permis- 
sion of  District  Court  when  husband  refuses  to  sign;  property  of 
wife  not  subject  to  husband's  debts;  conveyance  of  homestead. 
19         "All  propertv,  both  real  and  personal,  of  the  husband  owned 
I    or  claimed  by  him  before  marriage,  and  that  acquired  afterwards 
by  gift,  devise  or  descent,  as  also  the  increase  of  all  lands  thus 
acquired  shall  be  his  separate  property. 
/       20         "The  separate  property  of  the  husband  shall  not  be  subject  to 
'  the  debts  contracted  by  the  wife,  either  before  or  after  marriage, 

except  for  necessities  furnished  herself  and  children  after  her 
marriage  with  him. 
/  21  "All  property  of  the  wife  both  real  and  personal  owned  or 
^  claimed  by  her  before  marriage,  and  that  acquired  afterwards  by 
gift,  devise  or  descent,  as  also  the  increase  of  all  lands  thus  ac- 
quired shall  be  the  separate  property  of  the  wife. 
9-7  "During  marriage  the  husband  shall  have  the  sole  manage- 
ment, control  and  disposition  of  his  separate  property,  both  real 
and  personal,  and  the  wife  shall  have  the  sole  management,  con- 
trol and  disposition  of  her  separate  property,  both  real  and  per- 
sonal; 

23  "Provided,  however,  the  joinder  of  the  husband  in  the  manner 
now  provided  by  law  for  conveyance  of  the  separate  real  estate 
of  the  wife  shall  be  necessary  to  an  encumbrance  or  conveyance 
by  the  wife  of  her  lands,  and  the  joint  signature  of  the  husband 
and  wife  shall  be  necessary  to  a  transfer  of  stocks  and  bonds 
belonging  to  her  or  of  which  she  may  be  given  control  by  this  Act; 

24  "Provided,  also,  that  if  the  husband  shall  refuse  to  join  in  such 
encumbrance,  or  conveyance,  or  transfer  of  such  property  the 
wife  may  apply  to  the  District  Court  of  the  county  of  her  resi- 
dence, and  it  shall  be  the  duty  of  the  court,  in  term  time  or  va- 
cation, upon  satisfactory  proof  that  such  encumbrance,  convey- 
ance or  transfer  would  be  advantageous  to  the  interest  of  the 
wife,  to  make  an   order  granting  her  permission   to   make   such 


•"  *  '*. 


LAWS  OF  TEXAS  19 

encumbrance,  conveyance  or  transfer  without  the  joinder  of  her 
husband,  in  which  event  she  may  encumber,  convey  or  transfer 
said  property  without  such  joinder. 

25  "Neither  the  separate  property  of  the  wife,  nor  the  rents 
from  the  wifes'  separate  real  estate,  nor  the  interest  on  bonds 
and  notes  belonging  to  her,  nor  dividends  on  stocks  owned  by  her, 
nor  her  personal  earnings  shall  be  subject  to  the  payment  of  debts 
contracted  by  the  husband. 

26 /~  "The  homestead,  whether  the   separate  property   of  the  hus- 
C^and  or  wife,  or  the  community  property  of  both,  shall  not  be  dis- 
posed  of  except   by   the   joint   conveyance   of   both    husband   and 
wife."     (81). 

(Scott  vs.  Scott,  170  S.  W.  R.,  273  upholds  the  act.  The  case  of 
Bank  vs.  McWhorter,  179  S.  W.  R.  p.  1147,  make  Sudan  seed 
grown  on  wifes'  land  subject  to  husband's  debt). 

Cominunity  property;  what  property  under  control  of  wife. 
Bank  deposits. 

27  "All  property  acquired  by  either  the  husband,  or  wife  during 
/  marriage,  except  that  which  is  the  separate  property  of  either 
v>/    one  or  the  other,   shall  be  deemed  the  common  property  of  the 

'  husband  and  wife,  and  during  coverture  may  be  disposed  of  by 
the  husband  only,  provided,  however, 

28  "The  personal  earnings  of  the  wife,  the  rents  from  the  wife's 
real  estate,  the  interest  on  bonds  and  notes  belonging  to  her  and 
dividends  on  stocks  owned  by  her  shall  be  under  the  control,  man- 
agement and  disposition  of  the  wife  alone,  subject  to  the  provis- 
ions of  Article  4621,  as  hereinabove  written;  and  further, 

29  "Provided,  that  any  funds  on  deposit  in  any  bank  or  banking 
institution  whether  in  the  name  of  the  husband  or  the  wife,  shall 
be  presumed  to  be  the  separate  property  of  the  party  in  whose 
name  they  stand,  regardless  of  who  made  the  deposit,  and  unless 
said  bank  or  banking  institution  is  notified  to  the  contrary,  it 
shall  be  governed  accordingly  in  honoring  checks  and  orders 
against  such  account."     (82). 

Compensation  for  injury  to  wife  her  separate  property. 

30  "All  property  or  money  received  as  compensation  for  personal 
injuries  sustained  by  the  wife  shall  be  her  separate  property,  ex- 
cept such  actually  and  necessary  expenses  as  may  have  accumu- 
lated against  the  husband  for  hospital  fees,  medical  bills  and  all 
other  expenses  incident  to  the  collection  of  said  compensa- 
tion."    (83). 

Presumption  as  to  community  property. 

31  "All  the  effects  which  the  husband  and  wife  possess  at  the 
time  the  marriage  may  be  dissolved  shall  be  regarded  as  common 
effects  or  gains,  unless  the  contrary  be  satisfactoi'ily  prov- 
ed."    (84). 

Property  subject  to  debts  of  wife;  husband  to  join  in  certain 
contracts. 

32  "Neither  the  separate  property  of  the  husband  nor  the  com- 
munity property  other  than  the  personal  earnings  of  the  wife,  and 
the  income,  rents  and  revenues  from  her  separate  property  shall 
be  subject  to  the  payments  of  debts  contracted  by  the  wife,  except 
those  contracted  for  necessaries  furnished  her  or  her  children; 

33  "Provided  the  wife  shall  never  be  the  joint  maker  of  a  note 
or  a  surety  on  any  bond  or  obligation  of  another  without  the  join- 


I 


20  LAWS  OF  TEXAS 

der  of  her  husband  with  her  in  making  such  contract."     (Nelson 
vs.  Dearborn  179  S.  W.  1102  holds  that  wife  can  not  be  surety  on 
appeal  bond  even  with  husband's  consent.")      (85). 
Judgment  and  execution  in  such  cases. 

34  "Upon  the  trial  of  any  suit  as  provided  for  in  the  preceding 
article,  if  it  shall  appear  to  the  satisfaction  of  the  court  and  jury 
that  the  debts  so  contracted  or  expenses  so  incurred  were  for  the 
purposes  enumerated  in  said  article,  and  also  that  the  debts  so 
contracted  or  expenses  so  incurred  were  reasonable  and  proper, 
the  court  shall  decree  that  execution  may  be  levied  upon  either 
the  common  property  or  the  separate  property  of  the  wife,  at  the 
discretion  of  the  plaintiff."     (86). 

Husband  failing  to  support  wife,  etc. 

35  "Should  the  husband  fail  or  refuse  to  support  his  wife  from 
the  proceeds  of  the  lands  she  may  have,  or  fail  to  educate  her 
children  as  the  fortune  of  the  wife  would  justify,  she  may,  in 
either  case,  complain  to  the  county  court,  which,  upon  satisfac- 
tory proof,  shall  decree  that  so  much  of  such  proceeds  shall  be 
paid  to  the  wife  for  the  support  of  herself  and  for  the  nurture  and 
education  of  her  children,  as  the  court  may  deem  necessary."  (87). 

(L     Community  property  liable  for  debts. 
Z<oT]     "The  community  property  of  the  husband  and  wife  shall,  be 
^liable  for  their  debts  contracted  during  marriage,  except  in  such 
cases  as  are  specially  excepted  by  law."     (88). 

Wilful  refusal  to  provide  for  wife  and  child. 

37  "Any  husband  who  shall  wilfully  or  without  justification,  de- 
sert, neglect  or  refuse  to  provide  for  the  support  and  maintenance 
of  his  wife,  who  may  be  in  destitute  or  necessitous  circumstances, 
or  refuse  to  provide  for  the  support  and  maintenance  of  his  or  her 
child  or  children  under  the  age  of  sixteen  years  in  destitute  or 
necessitous  circumstances,  shall  be  deemed  guilty  of  a  misde- 
meanor and  on  conviction  thereof  shall  be  punished  by  a  fine  of 
not  less  than  twenty-five  dollars  and  not  more  than  five  hundred 
dollars  or  by  imprisonment  in  the  county  jail  not  more  than  one 
year  or  by  both  such  fine  and  imprisonment."     (89); 

Pending  suit  wife  may  be  supported  by  order. 

38  "At  any  time  before  the  trial,  upon  petition  of  the  complain- 
ant and  upon  notice  to  the  defendant,  the  court  or  judge  thereof 
in  vacation,  may  enter  such  temporary  orders  as  may  seem  just, 
providing  for  the  support  of  the  deserted  wife  or  children,  or  both, 
pendente  lite,  and  may  punish  for  the  violation  of  or  refusal  to 
obey  such  order  or  orders  as  for  contempt."     (90). 

Evidence  of  such  marriage. 

39  "No  other  or  greater  evidence  to  prove  the  marriage  of  such 
husband  and  wife,  or  that  the  defendant  is  the  father  or  mother 
of  such  child  or  children,  shall  be  required  than  is  or  shall  be  re- 
quired to  prove  such  facts  as  in  a  civil  action. 

40  "In  no  prosecution  under  this  Act  shall  any  existing  statute 
prohibiting  disclosures  of  confidential  communications  between 
husband  and  wife  apply,  to  strictly  relevant  facts  and  both  hus- 
band and  wife  shall  be  competent  and  compellable  witnesses  to 
testify  against  each  other  to  any  and  all  relevant  matters,  includ- 
ing the  fact  of  such  marriage  and  the  parentage  of  such  child  or 
children. 

41  "Proof  of  the  desertion  of  such  wife,  child  or  children  in  desti- 


LAWS  OF  TEXAS  21 

tute  or  necessitous  circumstances  or  the  neprlect  to  provide  for  the 
support  and  maintenance  of  such  wife,  child  or  children  shall  be 
prima  facie  evidence  that  such  desertion,  neglect  or  refusal  is 
wilful."     (91). 

42  "An  offense  under  this  act  shall  be  held  to  have  been  commit- 
ted in  the  county  in  which  such  wife,  child  or  children  may  have 
been  at  the  time  such  abandonment  occurred,  or  in  the  county 
in  which  such  wife,  child  or  children  shall  have  resided  for  six 
months  next  preceding'  the  filing  of  the  complaint,  information 
or  indictment."     (92). 

43  "It  shall  be  the  duty  of  the  Commissioners'  Court  of  the  coun- 
ty in  which  a  complaint,  information  or  indictment  under  this  Act 
is  filed  to  furnish  the  funds  necessary  for  extraditing-  or  arresting 
and  returning  to  such  county  any  defendant  under  this  Act  who  is 
not  at  the  time  in  such  county  or  who  has  gone  to  another  state." 
(93).  . 

44  "This  Act  shall  be  liberally  construed  and  if  any  section  there- 
of be  declared  invalid,  the  remaining  parts  of  the  law  shall  not 
be  affected  thereby,  as  it  is  the  intent  of  the  Legislature  to  pre- 
serve all,  any  and  every  portion  of  said  Act,  if  possible."     (94). 

Female  under  21  emancipated  by  marriage. 

45  "Every  female  under  the  age  of  twenty-one  years,  who  shall 
marry  in  accordance  with  the  laws  of  this  state,  shall,  from  and 
after  the  time  of  such  marriage,  be  deemed  to  be  of  full  age,  and 
shall  have  all  the  rights  and  privileges  to  which  she  would  have 
been  entitled  had  she  been  at  the  time  of  her  marriage  of  full 
age."     (95). 

Rights  of  persons  married  elsewhere. 

46  "The  marital  rights  of  persons  married  in  other  countries, 
who  may  remove  to  this  state,  shall,  in  regard  to  property  ac- 
quired in  this  state  during  marriage,  be  regulated  by  the  laws  of 
this  state."     (96) 

Married  women  may  apply  to  court  for  trading  purposes. 

47  "Any  married  woman  within  this  state  mav,  with  the  consent 
of  and  joined  by  her  husband,  apply  to  the  district  court  of  the 
county  in  which  she  may  be  a  bona  fide  resident  for  judgment  or 
order  of  the  said  court  removing  her  disabilities  of  coverture  and 
declaring  her  feme  sole  for  mercantile  and  trading  purposes." 
(97). 

Contents  of  Petition. 

48  "Said  application  shall  be  in  the  form  of  a  petition  in  writing 
addressed  to  said  court,  setting  out  the  cause  or  causes  which 
make  it  desirable  or  advantageous  to  said  married  woman  to  be  so 
declared  feme  sole."     (98). 

Hearing  of  petition. 

49  "Upon  the  filing  of  said  petition  same  shall  be  docketed  as 
in  other  cases,  and  at  any  time  thereafter,  the  district  court  may, 
in  term,  take  up  and  hear  said  petition  and  evidence  in  regard 
thereto."     (99). 

k  Decree    declaring   married    women    feme    sole    for   mercantile 

f        purposes;  effect  of  decree. 

50  "If  upon  a  hearing  of  said  petition,  and  evidence  relating 
thereto,  it  should  appear  to  the  court  that  it  would  be  to  the  in- 
terest and  advantage  of  the  said  married  woman  so  applying,  then 
said  court  shall  enter  its  order  or  decree  declaring  said  married 


22  LAWS  OF  TEXAS 

women  feme  sole  for  mercantile  or  trading  purposes,  and  there- 
after the  said  married  woman  may,  in  her  own  name,  contract 
and  be  contracted  with,  sue  and  be  sued,  and  all  of  her  separate 
property  not  exempt  from  execution  under  the  exemption  laws  of 
Texas,  shall  thereafter  be  subject  to  her  debts  and  liable  under 
execution  therefor,  and  her  contracts  and  obligations  shall  be  as 
binding  on  her  as  if  she  were  a  feme  sole. 

"Provided  however,  that  no  married  woman  shall  convey  or 
encumber  her  separate  property  except  as  now  provided  by  law." 
(la). 

Divorce. 

Marriage  may  be  annulled  when. 

51  "The  District  Court  shall  have  power  to  hear  and  determine 
suit  for  the  dissolution  of  marriage,  where  the  causes  therefor 
shall  be  natural  or  incurable  impotency  of  body  at  the  time  of  en- 
tering into  the  marriage  contract,  or  any  other  impediment  that 
renders  such  contract  void,  and  shall  have  power  and  authority 
to  decree  the  marriage  to  be  null  and  void."      (2a). 

Divorce  may  be  granted  in  what  cases. 

52  "A  divorce  by  separation  from  the  bonds  of  matrimony  may 
be  decreed  in  the  following  cases: 

1.  Where  either  the  husband  or  wife  is  guilty  of  excesses, 
cruel  treatment  or  outrages  toward  the  other,  if  such  ill  treat- 
ment is  of  such  a  nature  as  to  render  their  living  together  insup- 
portable. 

2.  In  favor  of  the  husband,  where  his  wife  shall  have  been 
taken  in  adultery,  or  where  she  shall  have  voluntarily  left  his  bed 
and  board  for  the  space  of  three  years  with  the  intention  of  aban- 
donment. 

3.  In  favor  of  the  wife,  where  the  husband  shall  have  left 
her  for  three  years  with  intention  of  abandonment,  or  where  he 
shall  have  abandoned  her  and  lived  in  adultery  with  another  wo- 
man. 

4.  In  favor  of  either  husband  or  wife,  when  the  other  shall 
have  been  convicted,  after  marriage,  of  a  felony  and  imprisoned 
in  the  state  prison;  provided,  that  no  suit  for  divorce  shall  be 
sustained  because  of  the  conviction  of  either  party  for  felony  un- 
til twelve  months  after  final  judgment  of  conviction,  nor  then  if 
the  governor  shall  have  pardoned  the  convict; 

"Provided  that  the  husband  has  not  been  convicted  on  the 
testimony  of  the  wife,  nor  the  wife  on  the  testimony  of  the  hus- 
band."    (3a). 

Plaintiff  must  be  a  resident;  suit  to  be  filed  30  days  before 
healing;  additional  grounds  for  divorce. 
53  "No  suit  for  divorce  from  the  bonds  of  matirmony  shall  be 
maintained  in  the  courts  of  this  state  unless  the  petitioner  for 
such  divorce  shall  at  the  time  of  exhibiting  his  or  her  petition,  be 
an  actual  bona  fide  inhabitant  of  the  state  for  a  period  of  twelve 
months  and  shall  have  resided  in  the  county  where  the  suit  is 
filed  six  months  next  preceding  the  filing  of  the  suit; 

"Provided,  that  such  suit  shall  not  be  heard  or  divorce  granted 
before  the  expiration  of  thirty  days  after  the  same  is  filed;  and 
provided  further,  that  neither  party  to  a  divorce  suit,  wherein  a 
divorce  is  granted  upon  the  ground  of  cruel  treatment,  shall  mar- 
ry any  other  person  for  a  period  of  twelve  months  next  after  such 


LAWS  OF  TEXAS  23 

divorce  is  granted,  but  the  parties  so  divorced  may  marry  each 
other  at  any  time  upon  obtaining  a  license  as  provided  in  arti- 
cle 4G10; 

"Provided  that  where  a  man  marries  the  woman  whom  he  se- 
duces to  escape  penalties  of  the  law  punishing  for  seduction,  the 
man  shall  not  be  entitled  to  a  divorce  for  any  cause  within  three 
years  after  such  marriage; 

"Provided  that  this  Act  shall  not  apply  to  any  case  where 
either  the  husband  or  wife  is  insane." 

"Provided  further  that  in  addition  to  the  grounds  for  divorce 
now  provided  by  statute,  that  where  any  husband  and  wife  have 
lived  apart  without  co-habitation  for  as  long  as  ten  years,  the 
same  shall  be  sufficient  grounds  for  divorce."     (4a). 

Husband  and  wife  competent  witnesses. 

54  "In  all  suits  for  divorce  from  the  bonds  of  matrimony,  the 
defendant  shall  not  be  compelled  to  answer  upon  oath,  nor  shall 
the  petition  be  taken  as  confessed  for  want  of  answer,  but  the 
decree  of  the  court  shall  be  rendered  upon  full  and  satisfactory 
evidence,  upon  the  verdict  of  a  jury,  if  a  jury  shall  have  been  de- 
manded by  either  party,  and  if  not,  upon  the  judgment  of  the 
court  affirming  the  material  facts,  alleged  in  the  petition. 

"In  all  such  suits  and  proceedings  the  husband  and  the  wife 
shall  be  competent  witnesses  for  and  against  each  other,  but 
neither  party  shall  be  compelled  to  testify  as  to  any  matter  that 
will  criminate  himself  or  herself;  and  where  the  husband  or  wife 
testifies,  the  court  or  jury  trying  the  case  shall  determine  the 
credibility  of  such  witnesses,  and  the  weight  to  be  given  such 
testimony;  but  no  divorce  shall  be  granted  upon  the  evidence  of 
either  husband  or  wife,  if  there  be  any  collusion  between  them. 
(5a). 

Division  of  property. 

55  "The  court  pronouncing  a  decree  of  divorce  from  the  bonds  of 
matrimony  shall  also  decree  and  order  a  division  of  the  estate 
of  the  parties  in  such  a  way  as  to  the  court,  shall  seem  just  and 
right  having  due  regard  to  the  rights  of  each  party  and  their 
children  if  any;  provided,  however,  that  nothing  herein  contained 
shall  be  construed  to  compel  either  party  to  divest  himself  or 
herself  of  the  title  to  real  estate."     (6a). 

Condonation,  connivance  and  collusion. 

56  "In  any  suit  for  divorce  for  the  cause  of  adultery,  if  it  shall 
be  proved  that  the  complainant  has  been  guilty  of  the  like  crime 
or  has  admitted  the  defendant  into  conjugal  society  or  embraces 
after  he  or  she  knew  the  criminal  fact,  or  that  the  complainant, 
if  the  husband,  connived  at  his  wife's  prostitution,  or  exposed 
her  to  lewd  company,  whereby  she  became  ensnared  to  the  crime 
aforesaid,  it  shall  be  a  good  defense  and  a  perpetual  bar  against 
said  suit; 

"Or  if  it  appears  that  the  adultery  complained  of  is  occa- 
sioned by  collusion  of  the  parties,  and  done  with  intention  to  pro- 
cure a  divorce,  or  where  both  parties  shall  be  guilty  of  adultery 
then  no  divorce  shall  be  granted.      (7a). 

Legitimacy  of  children;  parties  may  marry  aeain. 

57  "A  divorce  from  the  bonds  of  matrimony  shall  not  in  any  wise 
effect  the  legitimacy  of  the  children  thereof;  and  either  party 
may  after  the  dissolution  of  the  marriage,  marry  again."     (8a). 

Debts  and  alienations  after  suit  filed. 


24  LAWS  OF  TEXAS 

"On  and  after  the  day  on  which  the  action  for  divorce  shall 
be  brought,  it  shall  not  be  lawful  for  the  husband  to  contract  any 
debts  on  account  of  the  community,  nor  to  dispose  of  the  lands 
belonging-  to  the  same;  and  any  alienation  made  by  him  after 
that  time  shall  be  null  and  void,  if  it  be  proved  to  the  satisfaction 
of  the  court  that  such  alienation  was  made  with  a  fraudulent 
view  of  injuring  the  rights  of  the  wife."     (9a). 

Inventory  and  appraisement;  injunction. 

58  "At  any  time  during  a  suit  for  divorce  the  wife,  may,  for  the 
preservation  of  her  rights,  require  an  inventory  and  an  appraise- 
ment to  be  made  of  both  real  and  personal  estate  which  are  in 
the  possession  of  the  husband,  and  an  injunction  restaining  him 
from  disposing  of  any  part  thereof  in  any  manner."     (10a). 

Temporary  orders, 

59  "Pending  any  suit  for  a  divorce  the  court,  or  the  judge  there- 
of, may  make  such  temporary  orders  respecting  the  property  and 
parties  as  shall  be  deemed  necessary  and  equitable."     (Ha). 

Alimony. 

60  "If  the  wife,  whether  complaintant  or  defendant,  has  not  a 
sufficient  income  for  her  maintenance  during  the  pendency  of  the 
suit  for  a  divorce  the  judge  may,  either  in  term  time  or  in  vaca- 
tion, after  due  notice,  allow  her  a  sum  for  her  support  in  propor- 
tion to  the  means  of  the  husband,  until  a  final  decree  shall  be 
made  in  the  case."     (12a). 

Custody  of  children. 

61  "The  court  aforesaid  shall  have  power,  in  all  cases  of  separa- 
tion between  man  and  wife,  to  give  the  custody  and  education  of 
the  children  to  either  father  or  mother,  as  to  the  said  court  shall 
seem  right  and  proper,  having  regard  to  the  prudence  and  abil- 
ity of  the  parents,  and  the  age  and  sex  of  the  child  or  children, 
to  be  determined  and  decided  on  the  petition  of  either  party; 
and  in  the  meantime  to  issue  any  injunction  or  make  any  order 
that  the  safety  and  well  being  of  any  such  children  may  require." 
(13a) 

Costs. 

62  "The  court  may  award  costs  to  the  party  in  whose  behalf  the 
sentence  or  decree  shall  pass,  or  that  each  party  shall  pay  his 
or  her  own  costs,  as  to  the  court  shall  appear  reasonable." 

Acknowledgement  of  married  woman. 

63  "No  acknowledgement  of  a  married  woman  to  any  convey- 
ance or  other  instrument  purporting  to  be  executed  by  her  shall 
be  taken,  unless  she  has  had  the  same  shown  to  her,  and  then  and 
there  fully  explained  by  the  officer  taking  the  acknowledgment, 
on  an  examination  privily  and  apart  from  her  husband;  nor  shall 
he  certify  to  the  same,  unless  she  thereupon  acknowledges  to 
such  officer  that  the  same  is  her  act  and  deed,  that  she  had  wil- 
lingly signed  the  same,  and  that  she  wishes  not  to  retract  it." 
(14a). 

Limitation  shall  not  run  against  married  women. 

64  "If  a  person  entitled  to  bring  any  action  other  than  those 
mentioned  in  chapter  one  of  this  title  (87)  be  at  the  time  the 
cause  of  action  accuses,  either (among  others) 

(2)     A  married  woman; 

Or "the  time  of  such  disability  shall  not  be  deemed  a  por- 
tion of  the  time  limited  for  the  commencement  of  the  action;  and 


LAWS  OF  TEXAS  25 

such  person  shall  have  the  same  time  aftei*  the  removal  of  his 
disability  that  is  allowed  to  others  by  the  provisions  of  this  ti- 
tle. (87)."     (15a). 

Above  article  applied  to  personal  actions.     (Author). 

Runs  against  married  women  on  lands. 

65  "If  a  person  entiteld  to  commence  suit  for  the  recovery  of 
real  property,  or  to  make  any  defense  founded  on  the  title  there- 
to, by  the  time  such  title  shall  first  descend  or  the  adverse  pos- 
session commence 

(1)  Under  the  age  of  twenty-one  years;  or 

(2)  Of  unsound  mind;  or 

(3)  A  person  imprisoned;  the  time  during  which  such  dis- 
ability shall  continue  shall  not  be  deemed  any  portion  of  the  time 
limited  for  the  commencement  of  such  suit,  or  the  making  of  such 
defense;  and  such  person  shall  have  the  same  time  after  the  re- 
moval of  his  disability  that  is  allowed  to  others  by  the  provis- 
ions of  this  chapter     (1). 

"Provided,  that  limitation  shall  not  begin  to  run  against  mar- 
ried women  until  they  arrive  at  the  age  of  twenty-one  years; 

"And  further,  that  their  disability  shall  continue  one  year 
from  and  after  July  29,  1895,  and  that  they  shall  have  thereafter 
the  same  time  allowed  others  by  the  provisions  hereof;  and  furth- 
er, that  this  article  shall  in  no  way  affect  suits  then  pending,  and 
all  such  suits  shall  be  tried  and  disposed  of  under  the  law  then 
in  force."     (16a). 

Suits  for  wife's  separate  property. 

66  "The  husband  may  sue  either  alone  or  jointly  with  his  wife 
for  the  recovery  of  any  separate  property  of  the  wife;  and,  in 
case  he  fail  or  neglect  so  to  do,  she  may,  by  the  authority  of  the 
court,  sue  for  such  property  in  her  own  name."     (17a). 

Suits  for  necessaries  to  wife. 

67  "The  husband  and  wife  shall  be  jointly  sued  for  all  debts  con- 
tracted by  the  wife  for  necessaries  furnished  herself  or  children 
and  for  all  expenses  which  may  have  been  incurred  by  the  wife 
for  the  benefit  of  her  separate  property."     (18a). 

Suit  for  wife's  debts. 

68  "The  husband  and  wife  shall  be  jointly  sued  for  all  separate 
debts  and  demands  against  the  wife,  but,  in  such  case,  no  per- 
sonal judgment  shall  be  rendered  against  the  husband."     (19a). 

Venue.     Where  suit  to  be  filed  against  married  woman. 

69  "Where  the  defendant  is  a  married  woman  in  which  case  she 
may  be  sued  in  the  countv  in  which  her  husband  has  his  domi- 
cile."    (20a). 

Married  women  may  be  directors,  etc.,  in  Cemetery  Associa- 
tion. 

70  "The  directors  and  officers  of  any  corporation  created  in  pur- 
suance of  this  chapter  (23  Title  25)  shall  be  chosen  under  and  in 
accordance  with  the  provisions  of  this  title  (25),  except  that  mar- 
ried women  may  be  directors  and  officers  in  such  corporations, 
and  may  perform  any  duties  and  execute  any  deed  or  contract 
appertaining  to  the  duties  of  the  office  so  held,  without  the  con- 
currence of  their  husbands."     (21a). 

Married  women  two  years  in  which  to  appeal  to  County  Court 
by  Certiorari. 

71  "Any  person  interested  in  the  estate  of  a  decedent  or  ward 


26  LAWS  OF  TEXAS 

may  have  the  proceedings  of  the  county  court  therein  revised  and 
corrected  at  any  time  within  two  years  after  such  proceedings 
were  had  and  not  afterwards;  provided,  that  persons  non  compos 
mentis,  infants  and  feme  coverts  shall  have  two  years  after  the 
removal  of  their  respective  disabilities  within  which  to  apply  for 
such  revision   and  correction."     {22a). 

Surviving  wife  has  same  rights  to  community  control  after 
death  of  husband,  as  is  provided,  that  husband  has. 

72  "The  wife  may  retain  the  exclusive  management,  control  and 
I      disposition  of  the  community  property  of  herself  and  deceased  or 

V    I      insane   husband   in   the    same    manner   and    subject   to   the    same 
>/       rights,  rules  and  regulations  as  provided  in  the  case  of  the  hus- 
|V  band,  and  until  she  shall  in  the  event  of  the  death  of  her  bus- 
Band,  marry  again."     (23a). 

(The  provisions  for  the  control  of  the  husband  in  the  commu- 
nity survivorship  are ) 

Community  property  liable  for  community  debts. 

73  "The  community  property  of  the  husband  and  wife,  except 
such  as  is  exempt  from  forced  sale,  shall  be  liable  for  all  the  debts 
contracted  during  marriage.  And,  in  the  settlement  of  such  com- 
munity estates,  it  shall  be  the  duty  of  the  survivor  executor  or  ad- 
ministrator to  keep  a  separate  and  distinct  account  of  all  the 
community  debts  allowed  or  paid  in  the  settlement  of  such  es- 
tates."    (24a). 

Administration  not  required  when. 

74  "Where  the  husband  or  wife  dies  intestate,  or  becomes  insane, 
having  no  child  or  children,  and  no  separate  property,  the  com- 
mon property  passes  to  the  survivor,  charged  with  the  debts  of 
the  community;  and  no  administration  thereon  or  guardianship  of 
the  estate  of  the  insane  husband  or  wife  shall  be  necessary."  (25a) 

Where  there  is  child,  survivor  holds  subject  to  and  etc. 

75  "Where  the  wife  dies  or  becomes  insane,  leaving  a  surviving 
husband  and  child,  or  children,  the  husband  shall  have  the  exclu- 
sive management,  control  and  disposition  of  the  community  prop- 
erty in  the  same  manner  as  during  her  life  time,  or  sanity;  and 
it  shall  not  be  necessary  that  the  insane  wife  shall  join  in  con- 
veyances of  such  property,  or  her  privy  examination  and  acknowl- 
edgement be  taken  to  such  convej^ances,  subject,  however  to  the 
provisions  of  this  chapter."     (26a). 

Application  for  community  administration  by  husband. 

76  _  "The  husband  shall,  within  four  years  after  the  death  of  the 
wife  or  her  being  declared  insane,  as  provided  by  law,  when  there 
is  a  child,  or  children,  file  a  written  application  in  the  county 
court  of  the  proper  county,  stating: 

1.  The  death  of  his  wife,  or  that  she  has  been  declared  in- 
sane by  a  court  of  competent  jurisdiction,  and  the  time  and  place 
of  her  death  or  of  such  declaration. 

2.  That  she  left  a  child  or  children,  giving  the  names,  sex, 
residence  and  age  of  each  child. 

3.  That  there  is  a  community  estate  between  the  deceased 
or  insane  wife  and  himself. 

4.  Such  facts  as  show  the  jurisdiction  of  the  court  over  the 
estate. 

5.  Asking  for  the  appointment  of  appraisers,  to  appraise  such 
estate.     (27a). 


LAWS  OF  TEXAS  27 

Court  shall  appoint  appraisers. 

77  "Upon  the  filing-  of  such  application,  the  county  judpce  shall, 
without  citation  and  either  in  term  time  or  vacation,  by  order  en- 
tered upon  the  minutes  of  the  court,  appoint  appraisers  to  ap- 
praise such  estate  as  in  other  administrations."     (28a). 

Inventory,  appraisement  and  list  of  indebtedness  sworn  to  and 
returned. 

78  "It  shall  be  the  duty  of  the  surviving-  husband  or  wife  (of 
community  estates)  with  the  assistance  of  any  two  of  the  ap- 
praisers, to  make  out  a  full,  fair  and  complete  inventory  and  ap- 
praisement of  such  community  estate;  and  the  survivor  shall  at- 
tach thereto  a  list  of  all  community  debts  due  the  estate,  and 
shall  also  attach  thereto  a  list  of  all  indebtedness  due  by  said 
community  estate  to  other  parties,  giving-  the  amount  of  each 
debt  and  the  name  of  the  party  or  parties  to  whom  it  is  due,  and 
his  or  their  postoffice  address;  and  such  inventory,  list  of  claims, 
and  list  of  indebtedness,  of  said  community  estate,  shall  be  sworn 
to  by  said  survivor;  and  the  inventory,  appraisement  and  list  of 
claims  due  said  community  estate  shall  be  sworn  to  by  said  ap- 
praisers; and  said  inventory,  appraisement,  list  of  claims  due  said 
estate,  and  list  of  indebtedness  due  by  said  estate,  shall  be  re- 
turned to  the  court  within  twenty  days  from  the  date  of  the  or- 
der appointing-  appraisers  in  like  manner  as  other  administra- 
tions."    (29a). 

Bond  of  survivor. 

79  "The  surviving-  husband  shall,  at  the  time  he  returns  the  in- 
ventory, appraisement  and  list  of  claims,  present  to  the  court  his 
bond  with  two  or  more  g-ood  and  sufficient  sureties,  payable  to 
and  to  be  approved  by  the  county  judge,  in  a  sum  equal  to  the 
■whole  of  the  value  of  such  community  estate  as  shown  by  the  ap- 
praisement, conditioned  that  he  will  faithfully  administer  such 
community  estate,  and  pay  over  one-half  the  surplus  thereof  after 
the  payment  of  the  debts  with  which  the  -whole  of  such  property 
is  properly  charg-eable,  to  such  person  or  persons  as  shall  be  en- 
titled to  receive  the  same."     (31a). 

Action  of  court  on  inventory,  etc. 

80  "When  any  such  inventory,  appraisement,  list  of  claims  and 
bond  are  returned  to  the  county  judge,  he  shall  either  in  term 
time  or  in  vacation,  examine  the  same  and  approve  or  disapprove 
them  by  an  order  to  that  effect  entered  upon  the  minutes  of  the 
court,  and,  when  approved,  the  same  shall  be  recorded  upon  the 
minutes  of  the  court,  and  the  order  approving  the  same  shall  also 
authorize  such  survivor  to  control,  manage  and  dispose  of  such 
community  property  in  accordance  with  the  provisions  of  this 
chapter."     (.32a). 

After  order  of  court  survivor  has  control,  etc. 

81  "When  the  order  mentioned  in  the  preceding  article  has  been 
entered,  such  survivor,  without  any  further  action  in  the  county 
court,  shall  have  the  right  to  control,  manage  and  dispose  of  such 
community  property,  real  or  personal,  in  such  manner  as  may 
seem  best  for  the  interest  of  the  estate  and  of  suing  and  being 
sued  with  regard  to  the  same,  in  the  same  manner  as  during  the 
life  time  of  the  deceased; 

"And  a  certified  copy  of  the  order  of  the  court  mentioned  in 
the  preceding  article  shall  be  evidence  of  the  qualifications  and 
right  of  such  survivor."     (33a). 


28  LAWS  OF  TEXAS 

Survivor  shall  keep  an  account  of  debts  and  expenses. 

82  "The  survivor  shall  keep  a  fair  and  full  account  and  state- 
ment of  all  community  debts  and  expenses  paid  by  him,  and  of 
the  disposition  made  of  such  community  property;  and  upon  final 
partition  of  said  estate,  shall  account  to  the  legal  heirs  of  the  de- 
ceased for  their  interest  in  such  estate,  and  the  increase  and  prof- 
its of  the  same,  after  deducting  therefrom  all  community  debts, 
unavoidable  losses,  necessary  and  reasonable  expenses,  and  a 
reasonable  commission  for  the  management  of  the  same."     (34a). 

New  appraisement  and  bond  may  be  required. 

83  "Any  person  interested  in  such  community  estate  may  cause  a 
new  appraisement  to  be  made  of  the  same,  or  a  new  bond  may  be 
required  of  the  survivor  for  the  Afwne  causes  and  in  like  manner 
as  provided  in  other  administrations."     (35a). 

Duty  of  survivor  to  pay  debts. 

84  "It  shall  be  the  duty  of  the  survivor  to  pay  all  just  and  legal 
community  debts  as  soon  as  practicable,  and  according  to  the 
classification  and  in  the  order  prescribed  for  the  payment  of  debts 
in  other  administrations."     (3a). 

Meaning  of  word  "Survivor." 

85  "The  use  of  the  words,  "survivor,"  or  "surviving"  in  the  above 
and  foregoing  articles  of  this  chapter,  where  no  other  designation 
is  given,  shall  be  held  to  apply  as  well  to  a  sane  person  represent- 
ing an  insane  person."     (37a). 

Rights  of  wife  when  she  marries  again. 
86/      "Upon  the  marriage  of  the  surviving  wife,  she  shall  coase  to 

(have  such  control  and  management  of  said  estate  or  the  right  to 
dispose  of  the  same;  and  said  estate  shall  be  subject  to  adminis- 
tration as  in  other  cases  of  deceased  persons'  estates."     (38a). 

Recovery  of  insane  spouse  stops  action  hereunder. 

87  "Whenever  such  insane  husband  or  wife  shall  have  recovered 
sanity,  then  all  action  hereunder  shall  cease,  and  a  report  shall  be 
made  under  oath  of  all  transactions  had  and  done  under  said  pro- 
ceedings; and  said  report  shall  be  filed  and  recorded  in  the  court 
where  such  proceedings  were  had,  and  with  the  other  papers  of 
the  case."     (39a). 

Duty  of  guardians  in  such  cases. 

88  "Persons  now  acting  as  guardians  of  the  estate  of  persons  of 
unsound  mind  shall  turn  over  the  estates  of  their  wards,  where 
the  wards  shall  be  married  persons,  upon  the  qualifications  of  the 
sane  spouse,  as  provided  in  this  chapter."     (40a). 

Where  intestate  leaves  wife. 

89  "Where  any  person  having  title  to  any  estate  of  inheritance 
real,  personal  or  mixed,  shall  die  intestate  as  to  such  estate,  and 
shall  leave  a  surviving  husband  or  wife,  the  estate  of  such  intes- 
tate shall  descend  and  pass  as  follows: 

91  1.  If  the  deceased  have  a  child  or  children,  or  their  descend- 
ants, the  surviving  husband  or  wife  shall  take  one-third  of  the 
personal  estate,  and  the  balance  of  such  personal  estate  shall  go 
to  the  child  or  children  of  the  deceased  and  their  descendants. 
The  surviving  husband  or  wife  shall  also  be  entitled  to  an  estate 
for  life,  in  one-third  of  the  land  of  the  intestate,  with  remainder 
to  the  child  or  children  of  the  intestate  and  their  descendants." 

2.     If  the  deceased  have  no  child  or  children,  or  their  descend- 
ants, then  the  surviving  husband  or  wife  shall  be  entitled  to  all 


/^' 


LAWS  OF  TEXAS  29 

the  personal  estate,  and  to  one-half  of  the  lands  of  the  intestate 
without  remainder  to  any  person,  and  the  other  half  shall  pass 
and  be  inherited  according-  to  the  rules  of  descent  and  distribu- 
tion; provided  however,  that  if  the  deceased  have  neither  sur- 
viving father  nor  mother,  nor  surviving  brothers  and  sisters,  or 
their  descendants,  then  the  surviving  husband  of  wife  shall  be  en- 
titled to  the  whole  of  the  estate  of  such  intestate."  (41a). 
Conveyance  of  the  separate  lands  of  wife  how  made: 
"The  husband  and  wife  shall  join  in  the  conveyance  of  real 
estate  the  separate  property  of  the  wife;  and  no  such  conveyance 
shall  take  effect  until  the  same  shall  have  been  acknowledged  by 
her  privily  and  apart  from  her  husband  before  some  officer  au- 
thorized by  law  to  take  acknowledgments  to  deeds  for  the  pur- 
pose of  being  recorded  and  certified  to  in  the  mode  pointed  out  in 
Articles  6802  and  6805.     (See  Art.  4621.")      (41ae)., 

Charter  must  be  subscribed  and  acknowledged: 

93  "The  Charter  of  an  intended  corporation  must  be  subscribed 
by  three  or  more  persons,  two  of  whom  at  least  must  be  citizens 
of  this  state,  and  must  be  acknowledged  by  them  before  an  officer 
duly  authorized  to  take  acknowledgement  of  deeds;  provided  that 
all  charters  for  the  purposes  named  in  clauses  two  and  three  of 
article  1121  of  this  chapter  and  title  may  be  subscribed  by  mar- 
ried women,  who  may  also  be  stockholders,  officers  and  directors 
thereof;  and  their  acts,  contracts  and  deeds  shall  be  as  binding 
and  effective  for  all  the  purposes  of  said  corporation  as  if  they 
were  males;  and  the  joinder  and  consent  of  their  husbands  and 
privy  examination  separate  and  apart  from  them  shall  not  be 
required."     (41af). 

Clauses  two  and  three  of  article  1121  referred  to  in  above  ar- 
ticle reads: 

94  "2.  The  support  of  any  benevolent,  charitable,  educational 
or  missionary  undertaking." 

"3.  The  support  of  any  literary  and  scientific  undertaking; 
the  maintenance  of  a  library  or  promotion  of  painting,  music  or 
other  fine  arts. 

Who  are  minors  in  females: 

"Male  persons  under  twenty-one  years  of  age,  and  females 
under  twenty-one  years  of  age  who  have  never  been  married,  are 
minors."     (41ag). 

Guardianship  of  person  of  unsound  mind: 

95  "In  the  case  of  a  person  of  unsound  mind,  or  an  habitual 
drunkard,  the  nearest  of  kin  to  such  person,  who  is  not  disquali- 
fied, shall  be  entitled  to  the  guardianship;  and,  where  two  or 
more  are  equally  entitled,  the  guardianship  shall  be  given  to  one 
or  the  other,  according  to  circumstances,  taking  into  consideration 
the  interest  of  the  ward  alone.  If  such  ward  have  a  husband  or 
wife  who  is  not  disqualified,  such  husband  or  wife  shall  be  en- 
titled to  the  guardianship  in  preference  to  any  other  person." 
(41aa). 

Bond  as  married  woman  as  guardian. 

96  "Where  a  married  woman  may  be  appointed  guardian,  she 
may,  jointly  with  her  husband,  or  without  her  husband,  if  he  be 
absent  from  his  state  or  refuse  to  join  in  the  bond  with  her,  exe- 
cute such  bond  as  guardian  as  the  law  requires,  and  acknowledge 
the  same  before  any  officer  authorized  by  law  to  take  acknowl- 


30  LAWS  OF  TEXAS 

edgements  of  married  women  to  written  instruments;  and  such 
bond  shall  bind  her  estate  in  the  same  manner  as  if  she  were  un- 
married, but  shall  not  bind  her  husband  as  surety  unless  he  sign 
and  be  approved  as  such."     (41ab) 

Bond  executed  by  minor  mother  valid: 

97  "A  bond  executed  by  the  father  or  mother  of  a  minor  as  guar- 
dian of  such  minor,  when  such  father  or  mother  is  under  twenty- 
one  years  of  age,  shall  be  as  valid  as  if  he  or  she  were  of  full 
age."     (41ac). 

Persons  of  unsound  mind  or  habitual  drunkards  wife  may  be 
guardian: 

98  "If  the  person  committed  to  guardianship  is  married,  the  hus- 
band or  wife  of  such  person,  as  the  case  may  be,  shall  be  entitled 
first  in  order  to  the  guardianship."     (41ad). 

When  guardianship  shall  be  settled: 

99  "When  the  ward  dies,  or,  if  a  minor  arrives  at  the  age  of 
twenty-one  years,  or,  if  a  female,  marries,  or  if  a  person  of  un- 
sound mind  or  habitual  drunkard,  is  restored  and  discharged  from 
guardianship,  the  guardianship  shall  be  immediately  settled  and 
closed  and  the  guardian  discharged,  as  provided  in  the  following- 
articles  of  this  chapter."     (41ah). 

Husband  and  wife  may  be  jointly  appointed  as  guardian: 

100  "Only  one  guardian  can  be  appointed  of  the  person  or  estate; 
but  one  person  may  be  appointed  guardian  of  the  person,  and  an- 
other of  the  estate,  whenever  the  court  shall  be  satisfied  that  it 
will  be  for  the  advantage  of  the  ward  to  do  so.  Nothing  in  this 
article  shall  be  held  to  prohibit  the  joint  appointment  of  husband 
and  wife."     (41ai). 

Marriage  contract  when  valid: 

101  "No  covenant  or  agreement  made  in  consideration  of  marriage 
shall  be  good  against  a  purchaser  for  a  valuable  consideration,  or 
any  creditor  not  having  notice  thereof,  unless  such  covenant  or 
agreement  shall  be  duly  acknowledged  or  proven  and  recorded  in 
manner  and  form  as  provided  by  law  for  deeds  and  other  convey- 
ances."    (41aj). 

Recorder  shall  record  marriage  contracts,  etc.: 

101  "Each  recorder  shall  also  record  in  books  to  be  provided  for 
that  purpose  all  marriage  contracts  and  powers  of  attorney,  and 
all  official  bonds  required  to  be  recorded  in  his  office,  and  all 
other  instruments  of  writing  authorized  or  required  to  be  record- 
ed in  his  office,  which  shall  be  proved  or  acknowledged  according 
to  law,  and  delivered  to  him  for  record."     (41ak). 

Marriage  contract  to  be  recorded: 

102  "When  the  wife  by  a  marriage  contract  may  reserve  to  herself 
any  property  or  rights  to  property,  whether  such  rights  shall  be 
in  esse  or  expectancy,  for  such  reservation  to  be  valid  as  to  sub- 
sequent purchasers  or  creditors  of  her  husband,  the  said  contract 
must  be  acknowledged  by  her  husband  or  proved  at  least  by  one 
witness,  and  recorded  in  the  clerk's  office  of  the  county  court  of 
the  county  in  which  said  married  parties  may  reside."     (41al). 

Property  of  married  women  to  be  registered: 

103  "All  property,  real  and  personal,  which  may  be  owned  or 
claimed  at  tlie  time  of  marriage  by  any  woman,  or  which  she  may 
acquire  after  marriage  by  gift,  devise  or  descent,  shall  be  regis- 
tered as  herein  directed."     (41am). 


LAWS  OF  TEXAS  31 

104  "Upon  the  dissolution  of  the  marriage  relation  by  death,  all 
property  belong-ing  to  the  community  estate  of  the  husband  and 
wife  shall  go  to  the  survivor  if  there  be  no  child  or  children  of  the 
deceased  or  their  descendants;  but  if  there  be  a  child  or  children 
of  the  deceased,  or  descendants  of  such  child  or  children,  then 
the  survivor  shall  be  entitled  to  one-half  of  said  property,  and  the 
other  half  shall  pass  to  such  child  or  children,  or  their  descend- 
ants."    (42a). 

Illeg-itimate  children  and  issue  of  void  marriaj^es: 

105  "Where  a  man,  having-  by  a  woman  a  child  or  children,  shall 
afterward  intermarry  with  such  woman,  such  child  or  children, 
if  recognized  by  him,  shall  thereby  be  legitimated  and  made  ca- 
pable of  inheriting-  his  estate.  The  issue  also  of  marriages  deem- 
ed null  in  law  shall  nevertheless  be  legitimate."     (43a). 

Bastards  inherit  from  mother: 

106  "Bastards  shall  be  capable  of  inheriting  from  and  through 
their  mother,  and  of  transmitting  estates,  and  shall  also  be  enti- 
tled to  distributive  shares  of  the  personal  estates  of  any  of  their 
kindred  on  the  part  of  their  mother,  in  like  manner  as  if  they 
had  been  lawfully  begotten  of  such  mother."     (44a). 

Who  are  disqualified  from  being  executors: 

107  "Letters  testamentary  or  of  administration  shall  not  be  grant- 
ed to  any  person  who  is  under  twenty-one  years  of  age,  or  of  un- 
sound mind;  provided,  however,  that  such  letters  may  be  granted 
to  a  surviving  husband  or  wife  who  may  be  under  twenty-one 
years  of  age."     (4.5a). 

Order  in  which  letters  shall  be  granted: 

108  "Letters  testamentary  or  of  administration  shall  be  granted 
to  persons  who  are  qualified  to  act,  in  the  following  oi-der: 

1.  To  the   person   named  as  executor  in  the  will  of  the  de- 
ceased. 

2.  To  the  surviving  husband  or  wife,  and  etc. 
Certain  persons  entitled  to  letters  may  waive  right: 

109  "The  surviving  husband  or  wife,  or,  if  there  be  no  such  sur- 
vivor, the  heirs,  or  any  one  of  the  heirs,  of  the  deceased,  to  the 
exclusion  of  any  person  not  equally  entitled,  may,  in  open  court, 
or  by  power  of  attorney,  duly  authenticated  and  filed  with  the 
Clerk  of  the  county  court  of  the  county  having  jurisdiction  of  the 
estate,  renounce  his  right  to  the  administration  in  favor  of  some 
other  qualified  person,  and  thereupon  the  court  may  grant  letters 
to  such  other  person."     (46a). 

Bond  of  married  women: 

110  "When  a  married  woman  may  be  appointed  executrix  or  ad- 
ministratrix, she  may,  jointly   with  her  husband  or  without  heri 
husband,  if  he  be  absent  from  the  state,  or  insane,  or  refuses  to  \ 
join  with  her,  execute  such  bond  as  the  law  requires  and  acknowl-  ' 
edge  the  same  before  the  county  judge,  county  clerk  or  any  notary 
public  of  the  county  where  the  will  was  proved  or  letters  were 
granted;  and  such  bond  shall  bind  her  separate  estate  in  the  same 
manner  as  if  she  were  unmarried,  but  shall  not  bind  her  husband 
as  surety  unless  he  sign  and  be  approved  as  such."     (47a). 

Bond  of  husband  or  wife  who  is  a  minor: 

111  "When  a  surviving  husband  or  wife  under  twenty-one  years  of 
age  shall  wish  to  accept  and  qualify  as  executor  or  executrix,  or 
administrator  or  administratrix,  he  or  she  may  execute  such  bonds 


32  LAWS  OF  TEXAS 

as  the  law  requires  and  acknowledge  the  same  before  the  county 
judge,  county  clerk  or  any  notary  public  of  the  county  in  which 
the  will  was  proved  or  letters  or  administration  were  granted, 
and  such  bonds  shall  be  as  valid  as  if  he  or  she  were  of  lawful 
age."     {48a). 

Allowance  to  widow  and  minor  children  to  be  made  when: 

112  "At  the  first  regular  term  of  the  court  after  the  original  grant 
of  letters  testamentary  or  of  administration  or  at  any  subsequent 
term  therafter,  within  twelve  months  after  the  grant  of  such  origi- 
nal letters,  it  shall  be  the  duty  of  the  court  to  fix  the  amount  of 
an  allowance  for  the  support  of  the  widow  and  minor  children 
of  the  deceased."     (49a). 

Amount  of  allowance. 

113  "Such  allowance  shall  be  of  an  amount  sufficient  for  the  main- 
tenance of  such  widow  and  minor  children  for  the  term  of  one 
year  from  the  time  of  the  death  of  the  testator  or  intestate,  and 
such  allowance  to  be  fixed  with  regard  to  the  facts  existing  dur- 
ing the  first  year  after  the  death  of  such  testator  or  intestate; 
provided,  that  in  no  case  shall  such  allowance  exceed  one  thousand 
dollars."     (50a). 

Allowance  shall  not  be  made  when: 

114  "No  such  allowance  shall  be  made  for  the  widow  when  she 
has  separate  property  adequate  to  her  maintenance;  nor  shall 
such  allowance  be  made  for  the  minor  children  when  they  have 
property  in  their  own  right  adequate  to  their  maintenance." 
(51a). 

To  whom  allowance  shall  be  paid: 

115  "The  executor  or  administrator  shall  pay  such  allowance: 

1.  To  the  widow,  if  there  be  one,  for  the  use  of  herself  and 
the  minor  children,  if  such  children  be  hers. 

2.  If  the  widow  is  not  the  mother  of  such  minor  children,  or 
or  some  of  them,  the  portion  of  such  allowance  necessary  for  the 
support  of  such  minor  child  or  children  of  which  she  is  not  the 
mother,  shall  be  paid  to  the  guardian  or  guardians  of  such  minor 
child  or  children. 

3.  If  there  be  no  widow,  the  allowance  to  the  minor  child  or 
children  shall  be  paid  to  the  guardian  or  guardians  of  such  minor 
child  or  children."     (52a). 

Widow  or  guardian  may  take  property  for  allowance: 

116  "The  widow,  or  the  guardian  of  the  minor  children,  as  the  case 
may  be,  shall  have  the  right  to  take  in  payment  of  such  allowance 
or  any  part  thereof,  any  of  the  personal  property  of  the  estate 
at  its  appraised  value  as  shown  by  the  appraisement  returns." 
(53a). 

Sale  shall  be  ordered  to  pay  allowance  when: 

117  "If  there  be  no  personal  effects  of  the  deceased  that  the  widow 
or  guardian  is  willing  to  take  for  such  allowance,  or  not  suffi- 
ciency of  them,  and  if  there  be  no  funds  in  the  hands  of  such  ex- 
ecutor or  administrator  to  pay  such  allowance,  or  any  part  there- 
of, then  it  shall  be  the  duty  of  the  county  judge,  so  soon  as  the 
inventory  and  appraisement  and  list  of  claims  are  returned  and 
approved,  to  order  a  sale  of  so  much  of  the  estate  for  cash  as  will 
be  sufficient  to  raise  the  amount  of  such  allowance,  or  a  part 
thereof,  as  the  case  may  require."     (54a). 


LAWS  OF  TEXAS  33 

Allowance  to  be  paid  in  preference  to  what  debt: 

118  "The  allowance  made  for  the  support  of  the  widow  and  minor 
children  of  the  deceased  shall  be  paid  in  preference  to  all  other 
debt§  or  charges  against  the  estate,  except  the  funeral  expenses 
and  expenses  of  last  sickness  of  deceased,  which  claims  shall  be 
first  paid,  if  presented  within  the  time  prescribed  by  law  entit- 
ling them  to  such  preference."     (55a). 

Allowance  apportioned  how: 

119  "The  allowance  provided  for  in  this  chapter  shall  be  paid  as 
follows : 

1.  If  there  be  both  widow  and  minor  child  or  children,  the 
widow  shall  be  entitled  to  one-half  and  the  minor  child  or  children 
to  the  other  half. 

2.  If  there  be  a  widow  and  no  minor  child  or  children,  the  wid- 
ow shall  receive  the  whole. 

3.  If  there  be  a  minor  child  or  children  and  no  widow,  such 
minor  child  or  children  shall  receive  the  whole."     56a). 

Court  to  set  aside  exempt  property  to  widow,  etc.: 

120  "At  the  first  term  of  the  court  after  an  inventory,  appraise- 
ment and  list  of  claims  have  been  returned,  it  shall  be  the  duty 
of  the  court  by  an  order  entered  upon  the  minutes,  to  set  apart 
for  the  use  and  benefit  of  the  widow  and  minor  children  and  un- 
married daughters  remaining  with  the  family  of  the  deceased, 
all  such  property  of  the  estate  as  may  be  exempt  from  execution 
or  forced  sale  by  the  constitution  and  laws  of  the  state,  with  the 
exception  of  any  exemption  of  one  year's  supply  of  provisions." 
(57a). 

Allowance  in  lieu  of  exempt  articles  to  widow: 

121  "In  case  there  should  not  be  among  the  effects  of  the  deceas- 
ed all  or  any  of  the  specific  articles  so  exempted  it  shall  be  the 
duty  of  the  court  to  make  a  reasonable  allowance  in  lieu  thereof, 
to  be  paid  such  widow  and  children,  or  such  of  them  as  there  may 
be  as  hereinafter  directed."     (58a). 

Such  allowance  not  to  exceed  what  amount: 

122  "The  allowance  in  lieu  of  a  homestead  shall  in  no  case  exceed 
five  thousand  dollars,  and  the  allowance  for  other  exempted  prop- 
erty shall  in  no  case  exceed  five  hundred  dollars,  exclusive  of  the 
allowance  provided  in  preceding  chapter."     (59a). 

To  whom  the  exempt  property  shall  be  delivered: 

123  "The  exempted  property  set  apart  to  the  widow  and  children 
shall  be  delivered  by  the  executor  or  administrator  without  delay 
as.  follows: 

1.  If  there  be  a  widow  and  no  children,  or  if  the  children  be 
the  children  of  the  widow,  the  whole  of  such  property  shall  be  de- 
livered to  the  widow. 

2.  If  there  be  children  and  no  widow,  such  property  shall  be 
delivered  to  such  children  if  they  be  of  la'w^ful  age,  or  to  their 
guardian  if  they  be  minors,  or  the  same  may  be  equally  divided 
among  them,  except  the  homestead. 

3.  If  there  be  children  of  the  deceased  of  whom  the  widow  is 
not  the  mother,  the  share  of  such  children  in  such  exempted  prop- 
erty, except  the  homestead,  shall  be  delivered  to  such  children 
if  they  be  of  lawful  age  or  to  their  guardian  if  they  be  minors, 
or  may  be  equally  divided  between  them. 

4.  In  all  cases,  the  homestead  shall  be  delivered  to  the  widow, 


34  LAWS  OF  TEXAS 

if  there  be  one,  and  if  there  be  no  widow,  to  the  guardian  of  the 
minor  children  and  unmarried  daughters,  if  any,  living  with  the 
family."     (60a). 

Allowance  shall  be  paid  how:  ^       i,  n 

124  "The  allowances  made  in  lieu  of  the  exempted  property  shall 
be  paid  either  in  monev  out  of  the  funds  of  the  estate  that  may 
come  to  the  hands  of  the  executor  or  administrator,  or  in  any 
property  of  the  deceased  that  such  widow  or  children  if  they  be 
of  lawful  age,  or  their  guardian  if  they  be  minors,  may  choose 
to  take  at  the  appraisement,  or  a  part  thereof,  or  both,  as  they 
may  select."     (61a). 

To  whom  allowance  shall  be  paid:  _    _ 

125  "Such  allowance  shall  be  paid  by  the  executor  or  administra- 
tor in  the  following  manner: 

1.  If  there  be  a  widow  and  no  children,  the  whole  to  be  paid 

to  such  widow.  ,    ,     ^    ,  -j  ^ 

2.  If  there  be  children  and  no  widow,  the  whole  to  be  paid  to 
such  children  if  they  be  of  lawful  age,  or  to  their  guardian  if  they 
be  minors,  or  to  be  equally  divided  among  them. 

3.  If  there  be  both  widow  and  children,  the  whole  to  be  paid 
to  such  widow  if  she  be  the  mother  of  such  children,  but,  if  she  be 
not  the  mother  of  such  children,  one-half  to  be  paid  to  such  widow 
and  the  other  half  to  such  children  if  they  be  of  lawful  age,  or  to 
their  guardian  if  thev  be  minors,  or  to  be  equally  divided  among 
them."     (62a). 

Sale  to  raise  allowance  when: 

126  "If  there  be  no  property  of  the  deceased  that  such  widow  or 
children  are  willing  to  take  for  such  allowance  or  not  a  suffi- 
ciency, and  there  be  no  funds,  or  not  sufficient  funds  of  the  estate 
in  the  hands  of  such  executor  or  administrator  to  pay  such  allow- 
ance, or  any  part  thereof,  it  shall  be  the  duty  of  the  county  judge, 
on  the  aoplication  in  writing  of  such  widow  and  children  to  order 
a  sale  of  so  much  of  the  estate  for  cash  as  will  be  sufficient  to 
raise  the  amount  of  such  allowance,  or  a  part  thereof,  as  the  case 
may  require."     (63a) 

Property  on  which  certain  acknowledged  liens  exist  not  to  be 

set  aside: 

127  "No  property  upon  which  liens  have  been  given  by  the  hus- 
band and  wife,  acknowledged  in  a  manner  legally  binding  upon 
the  wife  to  secure  creditors  or  upon  which  a  vendors  lien  exists, 
shall  be  set  aside  to  the  widow  or  children  as  exempted  property 
or  appropriated  to  make  up  the  allowance  made  in  lieu  of  ex- 
empted property,  until  the  debts  secured  by  such  liens  are  first 
discharged."     (64a). 

When  estate  proves  to  be  solvent: 

128  "If  upon  a  final  settlement  of  such  estate,  it  shall  appear 
that  the  same  is  solvent,  the  exempted  property,  except  the  home- 
stead which  has  been  set  apart  to  the  widow  or  children  or  both, 
together  with  any  allowance  that  has  been  received  by  them  in  lieu 
thereof,  shall  be  subject  to  partition  and  distribution  among  the 
heirs  and  distributees  of  such  estate  in  like  manner  as  the  other 
property  of  the  estate"     (65a). 

When  estate  proves  to  be  insolvent: 

129  "Should  the  estate,  upon  final  settlement,  prove  to  be  insolv- 
ent the  title  of  the  widow  and  children  to  all  the  property  and  al- 


LAWS  OF  TEXAS  35 

lowances  set  apart  or  paid  to  them,  under  the  provisions  of  this 
and  of  the  preceding  chapter,  shall  be  absolute,  and  shall  not  be 
taken  for  any  of  the  debts  of  the  estate,  except  as  hereinafter 
provided."     (66a). 

Exempt  property  not  to  be  considered  in  ascertaining-  solvency; 

130  "In  ascertaining  whether  an  estate  is  solvent  or  insolvent 
the  exempt  property  set  apart  to  the  widow^  or  children,  or  the 
allov^^ance  in  lieu  thereof,  and  the  allowance  provided  for  in  the 
preceding  chapter  shall  not  be  estimated  or  considered  as  assets 
of  the  estate."     (67a). 

When  homestead  shall  not  be  partitioned: 

131  "The  homestead  shall  not  be  partitioned  among  the  heirs  of 
I  the  deceased  during  the  life  time  of  the  widow,  or  so  long  as  she 

j  /  may  elect  to  use  or  occupy  the  same  as  a  homestead,  or  so  long 
1/   as  the  guardian  of  the   minor  children  of  the  deceased   may   be 
Y  permitted  under  the  order  of  the  proper  court  having  jurisdiction 
to  use  and  occupy  the  same."     (68a). 

When  homestead  may  be  partitioned: 

132  "When  the  widow  dies  or  sells  her  interest  in  the  homestead 
or  elects  to  no  longer  use  or  occupy  the  same  as  a  homestead,  and 
when  the  proper  court  no  longer  permits  the  guardian  of  the  mi- 
nor children  to  use  and  occupy  the  same  as  a  homestead,  it  may 
be  partitioned  among  the  respective  owners  thereof  in  like  man- 
ner as  other  property  in  common."     (69a). 

No  distinction  between  community  separate  homestead: 

133  "The  homestead  rights  of  the  widow  and  children  of  deceased 
are  the  same  whether  the  homestead  be  the  separate  property  of 
the  deceased  or  community  property  between  the  widow  and  the 
deceased,  and  the  respective  interests  of  such  widow  and  children 
shall  be  the  same  in  one  case  as  in  the  other."     (70a). 

Homestead  not  liable  for  debts  except: 

134  "The  homestead  shall  not  be  liable  for  the  payment  of  any  of 
the  debts  of  the  estate,  except  for  the  purchase  money  thereof, 
the  taxes  due  thereon  or  for  work  and  material  used  in  construct- 
ing improvements  thereon;  and  in  this  last  case  only  when  the 
work  and  material  are  contracted  for  in  writing,  with  the  consent 
of  the  wife,  given  in  the  same  manner  as  required  in  making  a 
sale  and  conveyance  of  the  homestead."     (71a). 

Other  exempt  property  liable  for  what  debts: 

135  "The  exempted  property,  other  than  the  homestead,  or  any 
allowance  made  in  lieu  thereof,  shall  be  liable  for  the  payment  of 
the  funeral  expenses  and  the  expenses  of  last  sickness  of  deceas- 
ed, when  presented  within  the  time  prescribed  therefor;  but  such 
property  shall  not  be  liable  for  any  other  debts  of  the  estate." 
(72a). 

Homestead  rights  of  surviving  husband: 

136  "On  the  death  of  the  wife,  leaving  a  husband  surviving,  the 
homestead  shall  descend  and  vest  in  like  manner  as  other  real 
property  of  the  deceased,  and  shall  be  governed  by  the  same  laws 
of  descent  and  distribution,  but  it  shall  not  be  partitioned  among 
the  heirs  of  the  deceased  during  the  lifetime  of  such  surviving 
husband,  or  so  long  as  he  may  elect  to  use  or  occupy  the  same 
as  a  homestead."     (73a). 


36  LAWS  OF  TEXAS 

Surviving  husband  or  wife  may  have  partition  of  the  commu- 
nity property: 

137  "When  any  husband  or  wife  shall  die  leaving  any  common 
property,  the  survivor  may,  at  any  time  after  letters  testamen- 
tary or  of  administration  have  been  garnted,  and  an  inventory, 
appraisement  and  list  of  the  claims  of  the  estate  have  been  re- 
turned, make  application  in  writing  to  the  court  which  granted 
such  letters  for  a  partition  of  such  community  property,  which 
application  shall  be  acted  upon  at  some  regular  term  of  the  court." 
(74a). 

Action  of  court  and  bond  in  such  case: 

138  "If,  upon  the  hearing  of  such  application,  there  appear  to  be 
any  such  common  property,  and  such  surviving  husband  or  wife 
shall  execute  and  deliver  to  the  county  judge  an  obligation  with 
two  or  more  good  and  sufficient  sureties,  payable  to  and  approved 
by  the  said  county  judge,  for  an  amount  equal  to  the  value  of  his 
or  her  interest  in  such  common  property,  conditioned  for  the  pay- 
ment of  one-half  of  all  debts  existing  against  such  common  prop- 
erty, then  the  county  judge  shall  proceed  to  make  a  partition  of 
said  common  property  into  two  equal  moieties,  one  to  be  delivered 
to  the  survivor,  and  the  other  to  the  executor  or  administrator 
of  the  deceased;  and  all  the  provisions  of  this  chapter  respecting 
the  partition  and  distribution  of  estates  shall  apply  to  any  parti- 
tion made  under  the  provisions  of  this  article,  so  far  as  the  same 
may  be  applicable."     (75a) 

Husband  and  wife  not  disqualified  except: 

139  "The  husband  or  wife  of  a  party  to  a  suit  or  proceeding  or 
who  is  interested  in  the  issue  to  be  tried,  shall  not  be  incompetent 
to  testify  therein,  except  as  to  confidential  communications  be- 
tween such  husband  and  wife."     (76a). 

Conveyance  of  homestead  how  made.     Consent  of  wife: 

140  "The  homestead  of  the  family  shall  not  be  sold  and  conveyed 
by  the  owner  if  a  married  man,  without  the  consent  of  the  wife. 
Such  consent  shall  be  evidenced  by  the  wife  joining  in  the  con- 
veyance, and  signing  her  name  thereto,  and  by  her  separate  ac- 
knowledgment thereof  taken  and  certified  to  before  the  proper 
officer,  and  in  the  mode  pointed  out  in  articles  6802  and  6805" 
(77a). 

May  present  and  prove  schedule  for  record: 

141  "Each  woman  now  married,  or  who  may  be  hereafter  married, 
may  present  to  any  officer  authorized  by  law  to  take  acknowl- 
edgments or  proof  of  instruments  for  record,  a  schedule  par- 
ticularly describing  all  the  property,  real  and  personal,  which 
she  now  owns  and  possesses,  or  which  she  may  own  and  possess 
at  the  time  of  her  marriage,  and  make  her  statement  under  oath 
before  such  officer  that  the  property  described  in  the  schedule 
is  her  separate  property;  and  upon  such  statement  being  made 
such  officer  shall  annex  to  the  schedule  a  certificate  of  the  fact 
under  his  hand  and  seal  of  office;  which  certificate  shall  be  suf- 
ficient evidence  for  the  recorder  of  any  county  to  record  the 
same."     (78a). 

Property  acquired  after  marriage: 

142  "Each  married  woman  upon  coming  into  possession  of  any 
property,  real  or  personal,  to  which  she  had  claim  at  the  time  of 
her  marriage,  or  which  she  may  afterward  acquire  by  gift,  devise 


LAWS  OF  TEXAS  37 

or  descent,   shall   have   the   same   recorded    in    the   same    manner 
as  prescribed  in  the  foregoing  article."     (79a). 

In  what  county  registration  must  be  made: 

143  "The  registration  of  the  wife's  separate  property  herein  pi-o- 
vided  for,  if  real  estate,  shall  be  made  in  the  county  or  counties 
in  which  the  same,  or  a  part  thereof  is  situated;  if  personal  prop- 
erty, in  the  county  or  counties  where  the  same  remains;  and  in 
case  such  personal  property  be  removed  out  of  the  county,  the 
registration  must  also  be  made  in  the  county  to  which  the  prop- 
erty is  removed  within  four  months  after  such  removal."     (80a>. 

Conclusiveness  to  subsequent  creditors: 

144  "The  registration  of  any  schedule  of  a  wife's  separate  prop- 
erty, made  in  accordance  with  the  provisions  of  this  chapter, 
shall,  be  conclusive  as  against  all  subsequent  creditors  of  and 
purchasers  from  her  husband."     (81a). 

Redemption  from  municipal  tax  sale: 

"If  the  real  estate  of  an  infant,  feme  covert,  or  lunatic  be 
sold  under  this  title,  (Title  22  relating  to  Cities  and  Towns)  the 
same  may  be  redeemed  at  any  time  within  one  year  after  such 
disability  be  removed."     (82a). 

Trust  Companies  may  be  created  with  power  to  execute  trusts 
for  married  women  with  reference  to  separate  estate. 

145  "Corporations  may  be  created  under  articles  380  and  381 
(Title  14  Chap.  2)  for  the  purpose  of  establishing  a  bank  of  de- 
posit or  discount,  or  both  of  deposit  and  discount,  with  the  pow- 
ers set  out  in  article  376,  and  any  one  or  more  of  the  following 
purposes: 

5.  To  accept  trusts  from,  and  execute  trusts  for,  nianied 
women,  in  respect  to  their  separate  property,  and  to  be  their 
agent  in  the  management  of  such  property,  or  to  transact  any  bus- 
iness in  relation  thereto."     (83a). 

Deposit  in  State  Savings  Bank  by  female  thereafter  married: 

146  "Whenever  any  deposit  shall  be  made  with  any  savings  bank 
by  or  in  the  name  of  any  person  being  a  minor  or  a  female,  being 
or  thereafter  becoming  a  married  woman,  the  same  shall  be  held 
for  the  exclusive  right  and  benefit  of  such  depositor,  and  free 
from  the  control  or  lien  of  all  persons  whomsoever,  except  cred- 
itors, and  shall  be  paid,  together  with  the  interest  thereon,  upon 
production  of,  and  proper  entry  in,  the  pass  book  at  the  time  of 
such  payment,  and  in  accordance  with  the  by-laws  of  the  cor- 
poration, to  the  person  in  whose  name  the  deposit  shall  have  been 
made,  and  the  receipt  or  acquittance  of  such  minor  or  female 
shall  be  a  valid  and  sufficient  release  and  discharge  for  such  de- 
posit, or  any  part  thereof  to  the  corporation."     (84a). 

Property  of  wife,  how  rendered  for  taxation: 

147  "All  property  shall  be  listed  or  rendered  in  the  manner  fol- 
lowing: 

4.  Wife — The  property  of  a  wife,  by  her  husband,  if  of  sound 
mind;  if  not  by  herself."     (85a). 

Female  may  make  will: 

"Every  person  aged  twenty-one  years  or  upward,  or  who  may 
be  or  may  have  been  lawfully  married,  being  of  sound  mind,  shall 
have  power  to  make  a  last  will  and  testament,  under  the  rules 
and  limitations   prescribed   by   law."     (86a). 


3g  LAWS  OF  TEXAS 

Power  of  wife  under,  over  husband's  separate  estate: 

149  "The  husband  or  wife  may,  by  last  will  and  testament,  give 
the  survivor  of  the  marriage  the  power  to  keep  his  or  her  sepa- 
rate property  together,  until  each  of  the  several  heirs  shall  be- 
come of  lawful  age,  and  to  manage  and  control  the  same  under 
the  provisions  of  law  relating"  to  community  property,  and  such 
other  restrictions  as  may  be  imposed  by  such  will;  provided,  the 
surviving  husband  or  wife  is  the  father  or  mother,  as  the  case 

\      may  be,  of  the  minor  heirs;  provided,  further,  that  any  child  or 
'     heir  entitled  to  any  part  of  said  property  shall,  at  any  time  upon 

becoming  of  ag'e,  be  entitled  to  receive  his  distributive  portion  of 

said   estate."     (87a). 

Wife's  action  for  wrongful  death,  of  other: 

150  "The  action  shall  be  for  the  sole  and  exclusive  benefit  of  the 
surviving  husband,  wife,  children  and  parents  of  the  person  whose 
death  shall  have  been  caused  (by  acts  denounced  by  Art.  4694) 
and  the  amount  recovered  therein  shall  not  be  liable  for  the  debts 
of  the   deceased."     (88a). 

151  (Art.  2977  provides  that  booths  shall  be  safeguarded  by  guard 
rails  in  all  elections,  and  that  the  same  shall  have  three  sides 
closed  and  the  front  side  open;  Art  3019  prohibits  loitering  or 
electioneering  within  100  feet  of  the  booths  when  the  polls  are 
open,  special  constables  are  provided  for  to  enforce  this  law). 

Man  must  vote  at  place  where  his  wife  resides  if  living  with 
her.      (Was  this  in  honor  of  the  wife?) 

152  "Art.  2941  relating  to  elections,  provide  that  electors,  must 
vote  at  their  place  of  "residence."     The  residence  is  defined  thus: 

"The  "residence"  of  a  single  man  is  where  he  usually  sleeps 
at  night;  that  of  a  married  man  is  where  his  wife  resides,  or  if 
he  is  permanently  separated  from  his  wife,  his  residence  is  where 
he  sleeps  at  night  and,  etc. 

Qualifications  for  voting;  who  qualified. 

153  "Every  male  person  subject  to  none  of  the  foregoing  disquali- 
cations  who  shall  have  attained  the  age  of  twenty-one  years,  and 
who  shall  be  a  citizen  of  the  United  States,  and  who  shall  have 
resided  in  this  state  one  year  next  preceding  an  election,  and  the 
last  six  months  within  the  district  or  county  in  which  he  offers 
to  vote, 

Shall  be  deemed  a  qualified  elector;  and  every  male  person  of 
foreign  birth,  subject  to  none  of  the  foregoing  disqualifications, 
who  has,  not  less  than  six  months  before  an  election  in  which  he 
offers  to  vote  declared  his  intention  to  become  a  citizen  of  the 
United  States,  in  accordance  with  the  federal  naturalization  laws, 
and  shall  have  resided  in  this  state  one  year  next  preceding  such 
election  and  the  last  six  months  in  the  county  in  which  he  offers 
to  vote,  shall  also  be  deemed  a  qualified  voter."     (89a). 

And  all  electors  shall  vote  in  the  voting  and,  etc. 

Who  not  qualified,  electors. 

154  "The  following  classes  of  persons  shall  not  be  allowed  to  vote 
in  this  state: 

1.  Persons  under  twenty-one  years  of  age. 

2.  Idiots  and  lunatics. 

G.     All  paupers  supported  by  the  county. 

4.  All  persons  convicted  of  any  felony,  except  those  restored 
to  full  citizenship  and  right  of  suffrage,  or  pardoned. 


LAWS  OF  TEXAS  39 

5.  All  soldiers,  marines,  and  seamen  employed  in  the  service 
nf  the  army  or  navy  of  the  United  States."     (90a). 

Hours  of  labor  for  females.  (Does  not  apply  to  the  home?) 
1^5  "No  female  shall  be  employed  in  any  factory,  mine,  mill  work- 
shop, mechanical  or  mercantile  establishment,  laundry,  hotel,  res- 
taurant or  rooming:  house,  theatre  or  movinje:  picture  show,  barber 
shop,  teleg'raph,  telephone  or  other  office,  express  or  transporta- 
tion company,  or  any  State  institution,  or  any  other  establish- 
ment, institution  or  enterprise  where  females  are  employed,  ex- 
cept as  hereinafter  provided,  for  more  than  nine  hours  in  any  cal- 
endar day,  nor  more  than  fifty-four  hours  in  any  one  calendar 
week;  provided,  however,  that  in  case  of  extraordinary  emer;2:en- 
cies  such  as  great  public  calamities,  or  where  it  becomes  neces- 
sary for  the  protection  of  human  life  or  property,  longer  hours 
may  be  worked,  but  for  such  time  not  less  than  double  time  shall 
be  paid  such  female  with  the  consent  of  the  said  female; 

Provided,  this  act  shall  not  apply  to  stenographers  and  phar- 
macists. 

156  Sec.  la.  "No  female  shall  be  employed  in  any  laundry  for 
more  than  fifty -four  hours  in  one  calendar  week;  the  hours  of 
such  employment  to  be  so  arranged  as  to  permit  the  employment 
of  such  female  at  any  time  so  that  she  shall  not  work  more  than  a 
maximum  of  eleven  hours  during  the  twenty-four  hours  period  of 
one  day; 

Provided  that  if  a  female  is  employed  for  more  than  nine  hours 
in  any  one  day  she  shall  receive  pay  at  rate  of  double  her  regular 
pay  for  such  time  as  she  is  employed  for  more  than  nine  hours  per 
day." 

157  Sec.  lb.  "No  female  shall  be  employed  in  any  factory  engag- 
ed in  the  manufacture  of  cotton,  woolen  or  worsted  goods  or  arti- 
cles of  merchandise  manufactured  out  of  cotton  goods  for  more 
than  ten  hours  in  any  one  calendar  day,  nor  for  more  than  sixty 
hours  in  any  one  calendar  week."  "Provided  that  if  such  female 
is  employed  for  more  than  nine  hours  in  any  one  day  she  shall  re- 
ceive pay  at  the  rate  of  double  her  regular  pay  for  such  time  as 
she  may  be  employed  for  more  than  nine  hours  per  day:" 

158  Sec.  2.  "Every  employer  owning  or  operating  any  factory, 
mine,  mill,  workship,  mechanical  or  mercantile  establishment, 
laundry,  hotel,  restaurant  or  rooming  house,  theatre  or  moving 
picture  show,  barber  shop,  telegraph  or  telephone  or  other  office, 
express  or  transportation  company,  the  superintendent  of  any 
state  institution  or  enterprise  where  females  are  employed,  as  pro- 
vided by  Section  1,  la  and  lb,  shall  provide  and  furnish  suitable 
seats,  to  be  used  by  such  employes  when  not  engaged  in  the  ac- 
tive duties  of  their  employment,  and  shall  give  notice  to  all  such 
female  employes  by  posting  in  a  conspicuous  place,  on  the  prem- 
ises of  such  employment  in  letters  not  less  than  one  inch  in 
height,  that  all  such  female  employes  will  be  permitted  to  use 
such  seats  when  not  so  engaged." 

159  Sec.  .3.  "Any  employer,  overseer,  superintendent,  foreman,  oi- 
other  agent  of  any  such  employer  who  shall  permit  any  female 
to  work  in  any  of  the  places  mentioned  in  Section  1,  la  and  lb 
more  than  the  number  of  hours  provided  for  in  this  Act  during 
any  day  of  the  twenty-four  hours,  or  who  shall  fail,  neglect  or  re- 
fuse to  so  arrange  the  work  of  females  employed  in  the  said 
places  mentioned  in  Sections  1,  la  and  lb  so  that  they  shall  not 


40  LAWS  OF  TEXAS 

work  more  than  the  number  of  hours  provided  for  in  Sections  1, 
la  and  lb  of  this  Act,  during  any  day  of  twenty-four  hours  or  the 
number  of  hours  prescribed  by  this  Act  in  any  one  week,  or  who- 
shall  fail,  neglect  or  refuse  to  provide  suitable  seats  as  provided 
in  Section  2  of  this  Act  shall  be  deemed  guilty  of  a  misdemeanor,, 
and  upon  conviction  in  any  court  of  competent  jurisdiction  shall 
be  fined  in  any  sum  not  less  than  fifty  ($50.00)  dollars  nor  more 
than  two  hundred  ($200.00)  dollars  and  each  day  of  such  viola- 
tion and  each  such  female  employe  required  or  permitted  to  work 
more  than  the  time  provided  in  the  various  sections  of  this  Act 
shall  constitute  a  separate  offense." 

"Provided,  that  the  provisions  of  the  law  shall  not  apply  to 
telegraph  and  telephone  companies  in  rural  districts  and  in  cities- 
or  towns  of  less  than  3000  inhabitants,  as  shown  by  the  last  Fed- 
eral census." 

"Provided,  that  the  provisions  of  this  Act  shall  not  apply  to- 
mercantile  establishments  in  rural  districts  and  in  cities  and 
towns  and  villages  of  less  than  3000  inhabitants." 

160  Sec.  4.  "If  any  section  or  provision  of  this  Act  is  for  any  rea- 
son held  unconstitutional  it  shall  not  affect  nor  impair  nor  render 
invalid  the  rest  of  this  Act,  and  changing  other  sections  to  con- 
form thereto." 

Sec.  5.  "All  laws  or  parts  of  laws  in  conflict  herewith,  and 
especially  Senate  Bill  No.  30  entitled  "An  Act  limiting  the  hours- 
of  labor  for  females,  etc.,  of  the  Acts  of  the  Thirty-third  Legisla- 
ture, approved  April  16,  1913,"  are  hereby  repealed. 

161  Sec.  6.  "The  fact  that  the  law  now  regulating  the  hours  of  la- 
bor for  females  is  insufficient,  and  that  thousands  of  women  and 
girls  in  the  State  are  being  worked  longer  hours,  to  the  great  det- 
riment of  their  physical,  mental  and  moral  welfare,  constitutes 
and  creates  an  emergency  and  an  imperative  public  necessity  that 
the  constitutional  rule  requiring  bills  to  be  read  on  three  several 
days  be,  and  the  same  is,  hereby  suspended,  and  that  this  Act 
take  effect  and  be  in  force  from  and  after  its  passage,  and  it  is- 
so  enacted."     (Takes  effect  June  20,  1915).      (91a). 

Corporation  may  be  formed  for  the  protection  of  females: 

162  "The  purpose  for  which  private  corporations  may  be  formed 
are: 

44.  "The  protection  of  women  and  children  and  the  preven- 
tion of  cruelty  to  animals."     (92a). 

Female  convicts  in  penitentiary: 

163  "All  female  prisoners  shall  be  kept  separate  and  apart  from 
the  male  prisoners.  Where  practicable,  the  prison  commission 
shall  keep  the  female  prisoners  upon  a  separate  farm,  or  at  a 
separate  prison.,  from  the  male  prisoners,  and  shall  provide  rea- 
sonable rules  and  regulations  for  the  government  of  the  same."" 
(93a). 

Labor  for  female  state  convicts: 

164  "The  prison  commission  shall  provide  such  labor  for  said  fe- 
male prisoners  as  in  their  judgment  they  can  reasonably  per- 
form, but  the  prison  physician  for  such  female  prisoners  shall  at 
any  time  have  the  authority  to  say  whether  or  not  the  physical 
condition  of  said  female  prisoners  is  such  that  they  can  perform 
any  physical  labor;  provided,  that  in  the  absence  of  the  physician 


LAWS  OF  TEXAS  41 

the  matron  shall  pass  upon  the  physical  condition  of  said  female 
prisoners."     (94a). 

Whites  and  Negroes  kept  separate: 

165  "The  prison  commission  shall  keep  the  white  female  prison- 
ers separate  and  apart  from  the  Nejii'o  female  prisoners,  and  shall 
select  and  place  over  said  female  prisoners  a  matron  or  matrons 
whose  duty  it  shall  be  to  jjive  her  personal  attention  to  the  wel- 
fare of  such  female  prisoners.  The  matron  or  matrons  so  em- 
ployed to  look  after  the  welfare  of  the  female  prisoners  shall  re- 
side at  the  place  where  female  prisoners  are  kept."     (95a). 

Only  married  men  empolyed  as  guards: 

166  "At  the  place  where  female  prisoners  are  kept,  none  but  mar- 
ried men  shall  be  employed  as  guards;  and  the  houses  for  such 
guards  and  their  families  shall  be  provided  by  the  state,  in  which 
the  families  of  the  guards  shall  live.  And  said  guards  shall  be 
allowed  ten  dollars  per  month  in  addition  to  his  salary  in  lieu  of 
his  board,  said  houses  not  to  be  situated  further  than  one  hundred 
vards  fron  the  main  prison  building  where  such  female  prisoners 
are  kept."     (96a). 

Children  of  female  prisoners: 

167  "If  a  female  prisoner  be  received  with  an  infant,  or  if  any 
child  be  born  in  the  penitentiary,  the  child  shall  be  permitted  to 
remain  with  its  mother  until  three  to  six  years  of  age  in  the  dis- 
cretion of  and  as  prescribed  by  the  prison  commission."     (97a). 

County  female  convicts: 

168  "Female  convicts  shall  under  all  circumstances  be  kept  sepa- 
rate and  apart  from  male  convicts;  and  they  shall  in  no  case  be 
required  to  do  manual  labor,  except  in  the  work  house  or  when 
hired  out  as  is  hereinafter  provided."     (99a). 

Dependent  or  delinquent  girls  may  be  committed  by  Juvenile 
court,  and  etc.: 

169  "Whenever  any  girl  between  the  ages  of  seven  and  eighteen 
years  shall  be  brought  before  any  juvenile  court  upon  petition  of 
any  person  in  this  state  or  the  humane  society  or  any  institution 
of  a  similar  purpose  or  character,  charged  with  being  a  depend- 
ent or  delinquent  child  as  these  terms  are  defined  in  the  statutes 
of  this  state,  the  court  may,  if  in  the  opinion  of  the  judge,  the 
girls  training  school  is  the  proper  place  for  her.  commit  such  girl 
to  said  girls  training  school  during  her  minority;  provided,  that 
no  girl  shall  be  committed  to  the  girls  training  school  who  is  fee- 
ble minded,  epileptic  or  insane,  and  that  any  girl  committed  to 
said  girls  training  school  who  is  afflicted  with  a  venereal,  tuber- 
cular or  other  communicable  disease,  shall  be  assigned  to  a  dis- 
tinct and  separate  building  of  the  institution  and  shall  not  be  al- 
lowed to  associate  with  the  other  wards  until  cured  of  said  dis- 
ease or  diseases. 

"No  girl  shall  be  admitted  to  the  institution  until  she  has  been 
examined  by  the  training  school  physician,  and  such  physician  is- 
suing a  certificate  showing  her  exact  state  or  condition  in  refer- 
ence to  said  qualifications  hereinbefore  enumerated."     (99a). 

Conveyance  to  school  an  etc.: 

170  "It  shall  be  the  duty  of  the  court  committing  any  girl  to  the 
girls  training  school,  in  addition  to  the  commitment,  to  annex  a 
carefully  prepared  transcript  of  the  trial  to  aid  the  officials  of 
the  institution  in  better  understanding  and  classifying  the  girl. 


42  LAWS  OF  TEXAS 

The  court  shall  also  designate  some  reputable  woman  to  convey 
the  girl  to  the  institution.  The  cost  of  conveying-  any  girl  com- 
mitted to  the  institution  shall  be  paid  by  the  county  from  which 
she  is  committed,  provided  that  no  compensation  shall  be  allowed 
beyond  the  actual  and  necessary  expenses  of  the  party  conveying 
and  the  girl  conveyed."     (lb). 

Delinquent  child  defined: 

171  "For  the  purposes  of  this  chapter  (Title  38  Chap.  2)  the  words 
"delinquent  child"  shall  include  any  child  under  sixteen  years  of 
age  who  violates  any  of  the  laws  of  this  state,  or  any  city  ordi- 
nance, or  who  is  incorrigible,  or  who  knownigly  associates  with 
thieves,  vicious  or  immoral  persons,  or  who  knowingly  visits  a 
house  of  ill  repute,  or  who  knowingly  patronizes  or  visits  any 
place  where  any  gambling  device  is,  or  shall  be  operated,  or  who 
patronizes  any  saloon  or  place  where  any  intoxicating  liquors  are 
sold,  or  who  wanders  about  the  streets  at  night  time  without  be- 
ing on  any  business  or  occupation,  or  who  habitually  wanders 
about  any  railroad  yards  or  tracks,  or  who  habitually  jumps  on  or 
off  of  any  moving  train,  or  enters  any  car  or  engine  without  law- 
ful authority,  or  who  habitually  uses  vile,  obscene,  vulgar,  pro- 
fane or  indecent  language,  or  who  is  guilty  of  immoral  conduct  in 
any  public  place. 

"Any  child  committing  any  of  the  acts  herein  mentioned  shall 
be  deemed  a  "delinquent  child,"  and  shall  be  proceeded  against  as 
such  in  the  manner  hereinafter  provided. 

"A  disposition  of  any  child  under  this  chapter  or  any  evidence 
given  in  such  case  shall  not  in,  any  civil,  criminal  or  other  cause 
or  proceeding  whatever  in  any  court,  be  lawful  or  proper  evidence 
against  such  child  for  any  purpose  whatever,  except  in  subsequent 
cases  against  the  same  child  under  this  chapter."     (2b). 

Girls  Training  school  to  be  established: 

172  "That  there  be  established  and  maintained  at  some  place  in 
the  State  of  Texas,  to  be  selected  by  persons  in  authority,  where 
suitable  farm  lands  may  be  secured,  a  school  upon  the  cottage 
plan  for  the  education  and  training  of  the  dependent  and  delin- 
quent girls  of  the  state,  to  be  known  as  the  girls  training  school." 
(3b). 

Purpose  of  school,  duties  of  board;  hospital: 

173  "It  shall  be  the  purpose  of  this  home  and  school  to  provide  an 
institution  of  trainin"-  for  girls  who,  by  their  own  misconduct  or 
by  their  unfavorable  surroundings,  have  become  dependent  or  de- 
linquent and  need  the  care  and  attention  not  heretofore  provided, 
and  in  the  accomplishment  of  the  purposes  of  this  Act,  the  board 
of  control  shall  provide  wholesome  and  proper  quarters,  and  ex- 
ercise and  diversion,  and  shall  make  provision  for  ti-aining  in  all 
of  the  useful  arts  and  sciences  to  which  women  are  adapted,  to 
prepare  them  for  future  womanhood  and  independence.  A  proper 
hospital  is  to  be  provided,  and  instructions  given  therein  in  nurs- 
ing, sanitation  and  hygiene."     (4b). 

School  shall  be  under  control  of  board  and  etc.: 

174  "The  girls  training  school  shall  be  under  the  control  and  man- 
agement of  the  state  board  of  control  for  the  eleemosynary  insti- 
tutions of  this  state.  Should  there  be  no  such  board,  then  the 
school  shall  be  under  the  management  of  a  board  of  control  com- 
posed of  five  persons,  one  of  whom  shall  be  the  superintendent 


LAWS  OF  TEXAS  43 

of  public  instruction  of  the  state  of  Texas;  another  shall  be  the 
ranking  professor  of  domestic  economy  in  the  Collep:e  of  Indus- 
trial Arts;  the  remaining:  three  to  be  appointed  by  the  g:overnor, 
at  least  one  of  whom  shall  be  a  woman. 

"One  of  three  members  to  be  selected  by  the  governor  shall 
be  appointed  for  a  term  to  end  January  1,  1915,  one  other  for  a 
term  to  end  January  1,  1917,  and  the  third  for  a  term  to  end  Jan- 
uary 1,  1919.  At  the  expiration  of  each  term  a  successor  shall  be 
appointed  by  the  g'overnor  then  in  office  for  a  term  of  six  years. 
The  said  board  is  hereby  empowered  to  select  a  site  for  the  loca- 
tion of  said  school,  to  purchase  the  same  and  to  build  and  equip 
such  modern  building's  on  the  cottage  plan,  as  the  appropriation 
herein  provided  for  will  permit."     (5b). 

Superintendent  and  salary  and  etc.: 

175  "The  board  of  control  shall  employ  as  superintendent  of  this 
school  a  woman  of  previous  experience  and  training  in  a  similar 
or  like  institution,  who  shall  have  power  to  appoint  and  discharge 
all  subordinate  officials  and  teachers  for  the  school  which  it  may 
be  necessary  to  employ.  The  board  of  control  shall  fix  the  salary 
of  the  superintendent  and  all  employes.  The  said  board  shall 
also  have  authority  to  remove  the  superintendent  on  account  of 
inefficiency,  incompentency,  inattention  to  the  duties  of  a  super- 
intendent, misconduct  or  malfeasance  in  office  and  the  decision  of 
said  board  as  to  such  inefficiency,  incompetency,  inattention  to  the 
duties  of  a  superintendent,  misconduct  or  malfeasance  shall  be 
final."     (Art.   5234f). 

Dismissal  or  parole  of  inmates: 

176  "No  girl  shall  be  dismissed  or  paroled  until  some  suitable  home 
has  been  found  for  her  and  only  upon  the  written  recommendation 
of  the  superintendent  to  the  board  of  control,  or  she  has  become 
married  with  the  consent  of  the  authority  of  such  institution  and 
the  superintendent,  provided,  that  the  provision  of  this  Act  shall 
not  be  construed  to  interfere  with  the  governor  of  the  state  in 
exercising  executive  clemency  when  in  his  judgment  it  may  seem 
best.  Any  girl  who  is  paroled  from  the  institution  shall  be  under 
the  supervision  and  guidance  of  the  superintendent,  who  shall 
require  that  she  shall  write  bi-weekly  to  the  snoerintpndent  or 
matron  of  the  school  for  the  first  six  months,  and  monthly  letters 
thereafter:  that  the  person  under  whose  care  or  employ  the  girl 
is  placed  shall  write  monthly  letters  to  the  superintendent  or  ma- 
tron of  the  school  for  the  first  six  months  and  semi-annually 
thereaftei-. 

177  "The  board  of  control,  sunerintendent  or  some  other  employe 
of  said  training  school  mav  visit  the  place  where  the  girl  is  living 
or  is  employed,  and  it  shall  be  the  dutv  of  the  person  having  the 
girl  in  custody  to  answer  all  questions  asked  bv  said  visiting  com- 
mittee concernins:'  the  conduct,  employment  or  treatment  of  said 
girl.  If  in  the  iudgment  of  the  board,  it  should  be  to  the  best  in- 
terests of  the  girl  that  she  be  returned  to  the  school,  the  board 
is  hereby  emnowered  to  have  her  returned."     (6b). 

Rules  and  regulations: 

178  "The  superintendent,  with  the  approval  of  the  board  of  con- 
trol shall  make  all  necessary  rules  and  regulations  for  the  gov- 
ernment of  the  training  school,  and  shall  provide  that  the  time  of 
the  pupils  is  properly  distributed  between  the  school  of  letters 
and  the  industrial  and  domestic  pursuits,  according  to  the  needs 


44  LAWS  OF  TEXAS 

of  pupils  and  the  facilities  at  hand.     Provision  shall  be  made  for 
giving  diplomas  or  certificates  of  proficiency  for  graduates  from 
the  nurses  training  school  and  any  industrial  school  that  may  be 
established  by  the  directors."     (7b). 
Expenses  of  members  of  board,  etc.: 

179  "If,  at  the  time  this  bill  becomes  effective,  there  shall  be  no 
board  of  control  and  it  becomes  necessary  for  the  board  herein 
authorized  to  be  created,  to  act,  they  shall  be  paid  such  amounts 
as  will  be  necessary  to  cover  the  actual  expenses  incurred  in  the 
discharge  of  the  duties  as  members  of  such  board."     (Art.  5234h). 

Appropriations  not  accessible  until  subscriptions  from  cities: 

180  "There  is  hereby  appropriated  out  of  the  general  revenue  of 
the  State  of  Texas,  not  otherwise  appropriated,  the  sum  of  twen- 
ty-five thousand  dollars  ($25,00.00)  for  the  purchase  of  land  for 
a  site  and  for  the  erection  of  buildings  herein  provided  for,  pro- 
vided, however,  that  such  appropriation  shall  not  be  accessible 
until  a  like  sum  of  $25,000.00  shall  liave  been  subscribed  and  paid 
to  said  board  of  control,  by  private  subscription  or  gifts  from 
counties  and  cities,  and  for  the  purpose  of  securing  such  funds 
of  $25,000.00  and  such  other  funds  as  they  may  be  able  to  se- 
cure by  private  subscription  or  gifts  from  counties  and  cities  of 
this  state,  there  is  hereby  created  the  following  comrnittee,  com- 
posed of  five  members  to  work  in  conjunction  with  said  board  of 
control;  President  Humane  Society  of  Texas,  President  Federated 
Clubs  of  Texas,  President  Mothers  Council  and  Parent-Teachers' 
Association,  and  two  other  persons  to  be  selected  by  the  gov- 
ernor. 

181  "This  committee  in  conjunction  with  the  board  of  control  of 
said  school  are  hereby  empowered  to  adopt  such  plans  as  they 
deem  wise  and  expedient  to  be  used  in  the  securing  of  such  funds. 

"Authority  is  hereby  granted  unto  the  several  cities  and  coun- 
ties of  this  state  to  donate  from  their  general  funds  such  amounts 
as  the  proper  authorities  deem  wise  to  be  used  in  the  establish- 
ment of  the  said  school."     (8b). 

Texas  Indusrial  Institute  and  College  for  Girls: 

182  "The  Industrial  Institute  and  College  located  at  Denton  in 
Denton  County,  Texas,  for  the  education  of  white  girls  in  the  arts 
and  sciences,  shall  be  known  as  the  Texas  Industrial  Institute  and 
College  for  the  education  of  white  girls  of  the  State  of  Texas  in 
the  arts  and  sciences."     (9a). 

Board  of  regents  how  appointed: 

183  "The  governor  shall  nominate  and  appoint  by  and  with  the 
consent  of  the  senate,  seven  persons  to  serve  as  a  board  of  re- 
gents for  said  college,  who  shall  serve  as  such  for  two  years,  and 
until  their  successors  are  appointed  and  qualified.  In  all  cases 
of  vacancy  the  appointment  to  fill  such  vacancy  and  the  reap- 
pointment to  fill  the  position  shall,  from  time  to  time,  be  made 
by  the  governor  as  hereinbefore  provided,  but,  if  the  Legislature 
be  not  in  session,  the  governor  may  fill  such  vacancy  by  appoint- 
ment until  the  next  session  of  the  Legislature,  when  if  the  senate 
shall  not  confirm  the  appointment,  the  appointment  of  some  other 
person  shall  be  made  as  hereinbefore  provided."     (10b). 

Board  to  elect  president;  meeting;  etc.: 

184  "The  board  of  regents  shall  have  the  power  incident  to  their 
position  and  in  the  same  and  to  the  same  extent,  so  far  as  may 


LAWS  OF  TEXAS  45 

be  applicable,  as  is  conferred  by  law  on  the  repjents,  of  the  Uni- 
versity of  Texas.  Said  board  of  rep:ents  shall  elect  a  president, 
a  secretary  and  a  treasurer,  whose  terms  of  office  shall  be  two 
years.  The  president  so  selected  shall  convene  the  board  of  re- 
gents of  said  industrial  institute  and  collejEre  to  consider  any  busi- 
ness connected  with  the  same,  whenever  he  shall  deem  it  expedient 
to  do  so;  it  shall  be  the  duty  of  the  secretary  to  record  in  a  well 
bound  book  all  of  the  proceedings  had  by  said  board,  and  he  shall 
be  paid  such  salary  as  the  board  may  prescribe;  it  shall  be  the 
duty  of  the  treasurer  to  receive  and  disburse  all  moneys  under  the 
direction  of  the  board.  He  shall  be  required  to  give  bond  in  such 
sum  as  may  be  prescribed  by  the  board."     (lib). 

What  may  be  taught  in  the  institute: 

185  "The  board  of  regents  shall  possess  all  the  powers  necessary 
to  accomplish  and  carry  out  the  provisions  of  this  chapter,  the  es- 
tablishment and  maintenance  of  a  first  class  industrial  institute 
and  college  for  the  education  of  white  girls  in  this  state  in  the 
arts  and  sciences,  at  which  such  girls  may  require  a  literary  edu- 
cation, together  with  a  knowledge  of  kindergarten  instruction; 
also  a  knowledge  of  telegraphy  and  photography;  also  a  knowl- 
edge of  drawing,  painting,  designing  and  engraving,  in  their  in- 
dustrial application;  also  a  knowledge  of  general  needle-work,  in- 
cluding dressmaking;  also  a  knowledge  of  book  keeping;  also  a 
thorough  knowledge  of  scientific  and  practical  cooking,  including 
a  chemical  study  of  food;  also  a  knowledge  of  practical  house- 
keeping; also  a  knowledge  of  trained  nursing,  caring  for  the  sick; 
also  a  knowledge  of  the  care  and  culture  of  children;  with  such 
other  practical  industries  as,  from  time  to  time,  may  be  suggested 
by  experience,  or  tend  to  promote  the  general  object  of  said  in- 
stitute and  college,  to-wit:  Fitting  and  preparing  such  girls  for 
the  practical  industries  of  the  age."     (12b). 

General  duties  of  regents. 

186  "The  board  of  regents  herein  mentioned  shall  appoint  a  pres- 
ident and  professor  of  the  said  industrial  institute  and  college  and 
such  other  officers  as  they  may  think  proper  to  continue  the  same 
in  successful  operations,  and  to  make  such  rules  and  regulations 
for  the  government  of  said  officers  as  they  may  deem  advisable. 
They  shall  regulate  rates  of  tuition,  together  with  course  of  disci- 
pline necessary  to  enforce  the  faithful  discharge  of  the  duties  of 
all  officers,  professors  and  students.  They  shall  divide  the  course 
of  instruction  into  departments,  so  as  to  secure  a  thorough  educa- 
tion and  the  best  possible  instruction  in  all  of  said  industrial  stu- 
dies selecting  careful  and  efficient  professors  in  each  department, 
and  shall  adopt  all  such  rules,  by-laws  and  regulations  as  they 
may  deem  necessary  to  carry  out  all  the  purposes  and  objects  of 
said  institution."     (13b). 

Compensation  of  regents: 

187  "The  board  of  regents  shall  receive  such  compensation  as  is 
now  allowed  to  the  board  of  regents  for  the  University  of  Texas, 
to  be  paid  out  of  the  appropriations  for  this  industrial  institute 
and  college."     (14b). 

Numbers  of  students  apportioned  to  counties: 

188  "The  board  of  regents  shall  apportion  to  each  county  its  quota 
of  pupils  or  students,  on  the  basis  of  the  number  of  the  educata- 
ble  white  girls  in  the  state  and  several  counties;  and  the  several 


46  LAWS  OF  TEXAS 

superintendents  of  education  of  the  several  counties  shall  after 
giving  notice  in  some  newspaper  of  the  county,  and  three  weeks 
after  such  publication,  under  such  regulations  as  the  board  of  re- 
gents may  adopt,  appoint  such  number  of  white  girls  to  such  in- 
dustrial institute  and  college  as  such  county  may  be  entitled  to." 
(15b) 

Board  of  regents  to  fix  salary: 

189  "The  board  of  regents  shall  determine  and  fix  the  salary  of 
each  officer,  employe  and  professor,  in  said  industrial  institute 
and  college;  provided,  that  the  salaries  of  professors,  in  any  one 
department  shall  not  exceed  that  which  is  now  fixed  for  the  pro- 
fessors of  the  agricultural  and  mechanical  college."     (16b). 

Elementary  agriculture  to  be  taught: 

"The  board  of  regents  shall  require  the  teaching  of  elementary 
agriculture  for  teachers,  in  the  summer  sessions  of  the  college  as 
provided  in  chapter  10  of  this  title.     (Title  48)."     (17b). 

Teachers  diplomas  conferred: 

190  "The  college  shall  also  confer  teachers  diplomas  in  such  cases 
and  under  such  circumstances  and  conditions  as  are  prescribed  in 
chapter  14  of  this  title  (Title  48).     (Art.  2690a)." 

Rights  of  widows  to  Mexican  and  Confederate  war  pensions  as  well 
as  all  laws  of  a  criminal  nature  strictly,  are  purposely  omitted,  as 
not  being  in  the  scope  of  the  woi-k  undertaken. 

Respectfully, 

CHARLES  CARTER, 

Marshall,  Texas. 
February,  1916. 


AUTHORITIES  47 

AUTHORITIES    FOR    LAWS 


References  to  Revised  Civil  Statutes  Texas  1911. 
References  to  Acts  Lejjislature  Texas. 


G5 

U.  S.  Cons 

t.  Amd. 

Art. 

14, 

8a 

Art.  4636. 

Sec.  1,  p. 

xiii-xiv 

R.  C. 

S. 

9a 

Art.  4637. 

1911. 

10a 

Art.  4638. 

(K) 

U.  S.  Cons 

t.  Amd. 

Art. 

15, 

11a 

Art.  4639. 

Sec.  1,  p. 

xiii-xiv 

R.  C. 

S. 

12a 

Art.  4640. 

1911. 

13a 

Art.  4641. 

()7 

U.  S.  Const.  Amd, 

,  Art. 

15 

14a 

Art.  4802. 

Sec.  2  p.  : 

xiii-xiv 

R.  C. 

S. 

15a 

Art  5708. 

1911. 

16a 

Art.  5684. 

68 

Art.  4608. 

17a 

Art.  1839. 

69 

Art.  4609. 

18a 

Art.  1840. 

70 

Art.  4610. 

19a 

Art.  1841. 

71 

Art.  4612. 

20a 

Art.  1830  1 

72 

Art.  4612. 

21a 

Art.  1288. 

73 

Art.  4613. 

22a 

Art.  733 

74 

Art.  4614. 

23a 

Art.  3609. 

75 

Art.  4615. 

24a 

Art,  3592. 

76 

Art.  4616. 

25a 

Art.  3593. 

77 

Art.  4617. 

26a 

Art.  3594. 

78 

Art.  4618. 

27a 

Art.  3595. 

79 

Art.  4619. 

28a 

Art.  3596. 

80 

Art.  4620. 

29a 

Art.  3597. 

81 

Art.  4621. 

(Amd. 

1913) 

, 

31a 

Art.  3598. 

82 

Art.  4622. 

( Amd. 

1913). 

32a 

Art.  3599. 

8.3 

Sec.  1,  Act 
103. 

34  Les- 

.  1915, 

P- 

35a 
34a 

Art.  3600. 
Art.  3601. 

84 

Art.  4623. 

35a 

Art.  3602. 

85 

Art.  4624. 

(Amd. 

1913). 

36a 

Art.  3603. 

86 

Art.  4625. 

37a 

Art.  3610. 

87 

Art.  4626. 

38a 

Art.  3611. 

88 

Art.  4627. 

39a 

Art.  3613. 

89 

Sec.  1,  Act 

Leff.  1913  p.  188. 

40a 

Art.  3614. 

90 

Sec.  2,  Id. 

41a 

Art.  2462. 

91 

Sec.  3,  Id. 

41a 

Art.  4076. 

92 

Sec.  4,  Id. 

41ab 

Art.  4105. 

93 

Sec.  5,  Id. 

4  lac 

.A.rt.  4106. 

94 

Sec.  6,  Id. 

4  lad 

Art.  4247. 

95 

Art.  4628. 

41ae 

Art.  1114. 

96 

Art.  4629. 

41af 

Art.  1123. 

97 

Art.  4629-a 

41 EK 

Art.  4045. 

98 

Art.  4629-b 

41ah 

Art.  4267. 

99 

Art.  4629-c. 

41ai 

Art.  4082. 

la 

Art.  4629-d. 

41ai 

Art.  6829. 

2a 

Art.  4630. 

41ak 

Art.  6830. 

3a 

Art.  4631. 

41al 

Art.  6843. 

4a 

Art.  4632. 

4  Ian 

1  Art.  6844, 

5a 

Art.  4433. 

42a 

Art.  2469. 

6a 

Art.  4634. 

43a 

Art.  2472. 

7  a 

Art.  4635. 

44a 

Art.  2473. 

(Sec.   1). 


48  AUTHORITIES 

45a  Art.  8277. 

4(3a  Art.  3283. 

47a  Art.  3314. 

48a  Art.  3315. 

4ya  Art.  3404. 

50a  Art.  4305. 

51a  Art.  4306. 

52a  Art.  3409. 

53a  Art.  4309. 

54a  Art.  4310.  91a  Acts  34th  Leg.  page  105 

55a  Art.  3411. 

56a  Art.  3412. 

57a  Art.  3413. 

58a  Art.  3414. 

59a  Art.  3415. 

60a  Art.  3416. 

61a  Art.  3417. 

62a  Art.  3419. 

63a  Art.  3419. 

64a  Art.  3420. 

65a  Art.  3421. 

66a  Art.  3422. 

67a  Art.  3423. 

68a  Art.  3424. 

69a  Art.  3425. 

70a  Art.  3426. 

71a  Art.  3427. 

72a  Art.  3428. 

73a  Art.  3429. 

74a  Art.  3556. 

75a  Art.  3557. 

76a  Art.  3689. 

77a  Art.  1115. 

78a  Art.  6845. 

79a  Art.  6846. 

80a  Art.  6847. 

81a  Art.  6848. 


82a 

Art.  962. 

83a 

Ara.  385. 

84a 

Alt.  399. 

85a 

Art.  5509  (4). 

86a 

Art.  7855. 

87a 

Art.  7872. 

88a 

Art.  4698. 

89a 

Art.  2939. 

90a 

Art.  2938. 

91a 

Acts  34th  Leg-,  pa 

chap.  56. 

92a 

Art.  1121  (Sub.  44). 

93  a 

Art.  6209. 

94a 

Art.  6210. 

95a 

Art.  6211. 

96a 

Alt.  6212. 

97a 

Art.  6213. 

98a 

Art.  6241. 

99a 

Art.  2201a. 

lb 

Alt.  2201b. 

2b 

Art.  2191. 

3b 

Art.  5234b. 

4!) 

Art.  5234c. 

5b 

Art.  5234d. 

6b 

Art.  5234f. 

7b 

Art.  5234g. 

8b 

Art.  5234i. 

9b 

Art.  2682. 

lOh 

Art.  2683. 

lib 

Art.  2684. 

12b 

Art.  2685. 

131) 

Art.  2686. 

14b 

Art.  2687. 

15b 

Art.  2688. 

16h 

Art.  2689. 

17b 

Art.  2690. 

INDEX  49 

PREFACE  TO  INDEX. 


Lecture  from  I'aj^e   1   to  l*aj>e   1-^. 

Statute  Laws  from  Marginal  Figure  1  to  190. 

References  to  IVIarjjinal  Figures. 

INDEX 

A     Age  of  Mai-riage — (5 

Alimony  and  Support — 38-()0. 

Acknowledgment  of — 63. 

Appeal  by — 71 

Administration  not  required  when — 74 

Application  for  Community  Admr — 76-77-78. 

Allowance    to    Widow— 112-113-114-115-116-117-118-119-120-121 

122-123-124-125-126-127-128-129-130-131. 
Arts  and  Sciences ;Industrial  School  for — 182-190. 

B     Bonds,  Interest  on — 25. 
Bonds,  Sale  of— 24. 
Bank  Deposits — 29. 
Bond  of  Survivor — 79. 
Bond  as  Guaidian— 92-93. 
Bastard;  Inherit — 106. 
Bond  as  Executrix — 110-111. 

C     Constitution,  Federal,  Rights  Undei' — 1-2. 
Congress;  Rights  to  Enforce — 4. 
Community  Property  Defined — 27. 
Control  of  Wife's  Property— 28. 
Community  Pi'operty  Liable  for  Debts,  When — 36. 
Custody  of  Children — 61. 
Costs  of  Divorce — 62. 

Charter  of  Coi'poration,  Subscribed  by — 97-98. 
Contract  of  Marriage,  Valid — 101. 
Convicts,    Female— 163-164-165-166-167-168. 

D     Debts  of  Husband;  Wife's  Separate  Property  not  subject  to — 25. 
Dividends  on  Stocks — 25. 
Deposits— 29-146. 

Debts  of  Wife's— Property  Subject  to— 32. 
Debts,  Execution  for — 34. 
Desertion  by  Husband — 37-42. 
Divorce — 51-52-53-54-55-57-62. 
Director— 70-97. 
Descent  and  Distribution — 104. 
Debts,  Pi-opeitv  Liable  for,  Community — 134-135. 
Delinquent    Giils— 168-169-170-171 -172-173-174-1 75-176- 177- 17s 
179-180-181-182-184-186. 

E     Earnings  of  Wife  not  subject  to  Husbands'  Debt — 25. 
Emancipation  of  Females  by  Mai'riage — 45. 
Executors  Letters— 107-108-109. 
Elections,  Booths  Guarded — 151. 

F     Federal  Constitution,  Rights  Under— 1-2. 

G     Guardian  by— 87-88-92-93-94-95. 
Guardian,  joint — 100. 


50  INDEX 

H     Homestead,  to  Partition— 131-132-138-184. 
Homestead,  Rights  of  Survivor — 136. 
Homestead,  Sale  of— 140-24-25-26. 
Husband's  Vote— 152. 

I      Interest  from  Notes  and  Bonds  not  Subject  to  Husband's  Debts,  25. 
Injuries  of  Wife — 30. 

Intestate  with  Wife  Surviving-— 89-90-91. 
Illegitimate  Children — 105-106. 
Industrial  School— Arts.  182-190. 

L     Limitation  Against — 64-65. 

Labor  of  Restricted,  in  Hours — 155-161. 

M     Marriage,  Celebrated  by — 5. 

"         Who  not  permitted  to  marry — 6. 

"         License  issued  by — 7. 

"         Not  to  issue  when — 8. 

"         Consent  of  County  Judge  when — 9. 

"         Return  of  a  record — 10. 

Prohibited— 11. 

Bond,  Validated— 12-13. 
"         Issue  Legitimatized — 13. 
"         Slave  Marriages — 14. 
"         Contracts  of  and  for — 15. 
"         Acknowledgment  of — 16. 

Alteration  of— 17. 
"         Reservation  in  of  Wife — 18. 

Separate  Property  of  Wife— 19-20-21. 
Marriage,  Evidence  of — 39. 
Minors — 99. 

P     Personal  Injuries  of  Wife^ — 30. 
Presumptions  on  Property — 31. 
Partition  of  Community  Pioperty — 137-138. 
Power  of  Wife— 149. 

R     Rents  from  Wifes'  Land  not  Subject  to  Husband's  Debt — 25. 
Re-Marriage  of  Wife,  Effect— 86. 
Recording  Marriage  Contracts — 101-102. 
Registration  of  Property,  Married  Women — 103. 
Redemption  of  Property,  Tax  Sale — 1477. 

S      Slaves,  Marriage — 14. 

Separate  Property  of  Wife— 19-21. 

Sale  of  Her  Land  or  Property— 23-24. 

Not  Subject  to  Husband's  Debts— 25. 

Stock,  Dividends  of — 25. 

Stock.  Sale  of— 24. 

Surety  Debts  of  Wife— 33. 

Support,  Husband  Failing  in — 35-38. 

Suits  for  Wife's  Separate  Estate— 66-67-68-69. 

Surviving  Wife,   Control   of  Community— 72-73-80-81-82-83-85. 

Stockholders  in   Corporation — 97. 

Schedule  of  Separate  Property— 141-142-143-144. 

Savings  Bank  Deposits — 146. 

Schools,  Delinquent  for  Girls— 168-190. 


INDEX  51 


T     Trading-    Purposes— 47-48-50. 
Tax  Sale  Redemption — 144. 
Trust  Companies,  for  Benefit  of — 145. 
Tax  Lieu,  Rendition  of  Propeity — 147. 

V     Vote,  Rights  of— 1-2-3-153-154. 
Venue— 69. 

W    Wilful  Refusal  to  Provide,  by  Husband— .'37. 
Waiver  of  Rig-hts  to  Administer — 109. 
Witness— 139. 
Will  of  148. 
Wrongful  Death,  Action  by  Wife— 150. 


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